COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Slovakia Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Slovakia, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 525 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Slovakia Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

Slovakia  has  continued  efforts  to  reform  its  justice  system,  building  on  the  constitutional 
reform  noted  in  the  2021  Rule  of  Law  Report.  The  Parliament  approved  the  reform  of  the 
judicial map. The Supreme Administrative Court has become operational and a draft act on 
the establishment of lower administrative courts was adopted. These reforms were covered in 
the  RRP.  The  Ministry  of  Justice  is  preparing  an  amendment  to  restrict  the  power  of  the 
Prosecutor General to annul prosecutorial decisions in individual cases. Concerns remain as 
regards  the  regime  of  dismissal  of  members  of  the  Judicial  Council  and  the  regime  of 
criminal liability of judges for ‘abuse of law’, although the latter contains some safeguards. 
The Bar Association reported that lawyers encounter threats and harassment in the course of 
their  practice.  Public  perception  of  judicial  independence  remains  very  low.  Efficiency  of 
proceedings continued to deteriorate, notably in administrative cases. 

Progress in key areas for preventing corruption continues to be slow, although a number of 
topics are covered in the RRP. While work on a new anti-corruption strategy post-2023 has 
been launched, an update of the 2019 National Anti-Corruption Programme remains pending. 
Lobbying remains unregulated but the government plans to present a new bill on lobbying by 
the end of 2022 and to establish an Office for the Protection of the Public Interest in charge of 
lobbying,  conflicts  of  interest  and  asset  declarations.  Slovakia’s  dedicated  Whistleblower 
Protection Office has taken up its functions and has already protected whistleblowers against 
dismissals  from  work.  Efforts  to  fight  high-level  corruption  continued,  with  several  former 
high-ranking  officials  charged  with  bribery  offences.  However,  the  use  of  the  Prosecutor 
General’s  discretion  to  close  cases  has  raised  concerns  particularly  with  a  view  to  several 
high-level corruption cases where the legality of the criminal charges in some instances had 
also been upheld by higher level courts. Allegations of politically motivated decisions to open 
corruption investigations risk eroding law enforcement cooperation, the effectiveness of the 
fight against corruption as well as the public’s trust in the integrity of the institutions.  

The  Media  Services  Act  and  the  Publications  Act  both  adopted  in  June,  2022  respectively 
promote  media  pluralism  and  enhance  transparency  of  media  ownership.  The  Act  on 
Slovakian  Radio  and  Television  provides  a  solid  legal  framework  for  the  establishment, 
governance  and  operation  of  public  service  media  but  politicisation  of  appointments  and 
dismissals of managers and board members thereof is an issue of concern. Legislation geared 
at securing media ownership transparency is pending. The retrial of the alleged masterminds 
of  the  assassination  of  journalist  Ján  Kuciak  and  his  fiancée  Martina  Kušnírová  is  ongoing 
following  the  annulment  of  their  previous  acquittals  by  the  first  instance  court.  Proposed 
legislation  aimed  at  strengthening  the  protection  of  journalists  and  amendments  to  the 
criminal code to reduce the punishment contemplated for defamation, one of the strictest in 
the European Union, have once more been postponed.  

The  inclusiveness  of  civil  society  in  the  law-making  process  remains  limited  and  proper 
consultation for major legislative changes appears to be lacking. Plans announced in 2020 for 
improving the law-making process and strengthening public administration have seen limited 
progress. The Constitutional Court confirmed that it does not have a general competence to 
review  constitutional  laws,  but  noted  that  it  has  competence  to  do  so  when  necessary  to 
protect  the  material  core  of  the  constitution.  Constitutional  review  of  COVID-19  measures 
continued.  Concerns  continue  over  financing  of  certain  civil  society  organisations,  in 
particular those working on issues related to gender equality and LGBTIQ rights.  

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RECOMMENDATIONS 

In addition to recalling the commitments made under the National Recovery and Resilience 
Plan, relating to certain aspects of the justice system, it is recommended to Slovakia to: 

  Ensure  that  the  members  of  the  Judicial  Council  are  subject  to  sufficient  guarantees  of 
independence  as  regards  their  dismissal,  taking  into  account  European  standards  on 
independence of Judicial Councils.  

 

 

  Ensure that sufficient safeguards are in place and duly observed when subjecting judges 
to criminal liability for the crime of “abuse of law” as regards their judicial decisions.  
Introduce proposals to regulate lobbying and to strengthen the legislation on conflicts of 
interest and asset declarations.   
Improve  the  coordination  among  the  different  law  enforcement  entities  and  ensure  the 
objectivity of prosecutorial decisions, including by continuing to advance the legislative 
amendments  to  restrict  the  power  of  the  Prosecutor-General  to  annul  prosecutorial 
decisions with a view to promoting a robust track record of high -level corruption cases. 
  Advance  with  the  process  to  establish  legislative  and  other  safeguards  to  improve  the 
physical  safety  and  working  environment  of  journalists,  including  the  reform  of 
defamation law, taking into account European standards on the protection of journalists. 
  Strengthen  the  rules  and  mechanisms  to  enhance  the  independent  governance  and 
editorial  independence  of  public  service  media  taking  into  account  the  European 
standards on public service media. 

2 

 
I. 

JUSTICE SYSTEM  

The court system  of the  Slovak Republic consists of 54 District Courts, 8 Regional Courts, 
the  Specialised  Criminal  Court,  the  Supreme  Court,  the  Supreme  Administrative  Court  and 
the  Slovak  Constitutional  Court1.  The  Regional  Courts  function  as  the  courts  of  appeal  in 
civil,  commercial  and  criminal  cases  and  at  the  same  time  function  as  the  courts  of  first 
instance  in  administrative  matters.  The  Specialised  Criminal  Court  is  competent  to  judge 
serious  criminal  matters  as  enumerated  in  the  relevant  provision  of  the  Code  of  Criminal 
Procedure2.  The  Judicial  Council  plays  a  central  role  in  the  administration  of  the  judiciary 
and  in  the  appointment  of  judges,  as  well  as  in  maintaining  judicial  ethics.  Half  of  its 
members  (9  out  of  18)  are  judges  elected  by  their  peers.  Other  members  of  the  Judicial 
Council  are  appointed  by  the  Slovak  President,  the  Parliament  and  the  Government3.  The 
public  prosecution  service  of  Slovakia  is  an  independent  state  authority  headed  by  the 
Prosecutor  General4.  Slovakia  participates  in  the  European  Public  Prosecutor’s  Office 
(EPPO).  The  Slovak  Bar  Association  is  an  independent  self-administrative  professional 
organisation5. 

Independence  

The level of perceived judicial independence in Slovakia continues to be very low among 
the general public and low among companies. Overall, 25% of the general population and 
30%  of  companies  perceive  the  level  of  independence  of  courts  and  judges  to  be  ‘fairly  or 
very good’ in 20226. According to data in the 2022 EU Justice Scoreboard, no clear trend can 
be  identified  in  the  evolution  of  the  perceived  level  of  independence  since  2016.  The 
perceived judicial independence among the general public has decreased in comparison with 
2021 (28%), but it is higher than in 2016 (21%). The perceived judicial independence among 
companies remains at the same level as in 2021. The main reason cited by the general public 
for the perceived lack of independence of courts and judges is the perception of interference 
or  pressure  from  the  Government  and  politicians,  followed  closely  by  perception  of 
interference or pressure from economic or other special interests7. 

The  Judicial  Council  has  taken  up  its  new  tasks  following  the  Constitutional  reform, 
while  concerns  remain  over  the  regime  for  dismissal  of  its  members.  The  2020 
Constitutional amendment extended the powers of the Judicial Council8, notably by vesting it 
with the competence to review asset declarations of judges, and tasked it with the selection of 
members of the newly established Supreme Administrative Court. Resources for the Council 

1   For a  description of the judicial structure, see e.g. the  Annual study  for the European Commission carried 

out by the Council of Europe Commission for the Efficiency of Justice (CEPEJ). 

2   Slovak  Code  of  Criminal  Procedure,  para.  14  (e.g.  premeditated  murder,  corruption,  terrorism,  organised 

crime, severe economic crimes, damaging the financial interests of the EU etc.). 

3   Art. 141a of the Slovak Constitution. 
4   Arts. 149-151 of the Slovak Constitution; Act No. 153/2001 Coll. on Public Prosecution Service. 
5   Parliamentary Act No. 586/2003 Coll. on the Legal Profession and on Amending Act No. 455/1991 Coll. on 

the Business and Self-employment Services (Business Licensing Act) of 4 December 2003. 

6   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as  follows:  very  low  (below  30%  of  respondents  perceive  judicial  independence  as  fairly  good  and  very 
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 
7   Figure  51,  2022  EU  Justice  Scoreboard.  Among  companies,  the  main  cited  reasons  were  in  almost  equal 
terms  perception  of  interference  or  pressure  from  economic  or  other  special  interests  and  perception  of 
interference or pressure from the Government and politicians. Figure 53, 2022 EU Justice Scoreboard. 

8   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 3. 

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were increased to enable it to perform these tasks9. Stakeholders acknowledged the efforts of 
the  Judicial  Council  to  make  its  decision-making  more  transparent10.  Concerns  however 
remain over the dismissal regime of members of the Judicial Council, under which members 
may be dismissed at any point by the authority which appointed them11. There are no legally 
prescribed conditions for such a dismissal12. While no member has been dismissed under this 
procedure  so  far13,  stakeholders  reiterated  concerns  that  this  system  threatens  the 
independence of the Council14. According to European standards, Judicial  Councils need to 
be  subject  to  sufficient  guarantees  of  independence  in  relation  to  the  legislature  and  the 
executive including as regards the way their members can be dismissed15. 

Criminal  liability  of  judges  for  ‘abuse  of  law’,  although  accompanied  by  some 
safeguards  against  abuse,  remains  controversial.  As  a  part  of  the  2020  Constitutional 
amendment16, the Parliament amended the Constitutional provision on immunity of judges17 
and  also  introduced  a  new  criminal  offence  of  ‘abuse  of  law’,  under  which  judges  may  be 
prosecuted  for  any  arbitrary  decision  causing  damage  to  or  bestowing  a  favour  on  another 
person18.  The  amendment  was  introduced  in  the  context  of  an  overall  effort  to  enhance  the 
integrity  regime  for  judges,  but  some  stakeholders  continue  to  have  concerns  that  the 
provision  could  be misused19. Others  considered that there  are sufficient  safeguards against 
abuse20,  notably  due  to  the  possibility  of  the  Judicial  Council  to  intervene21.  Whereas 

9   Information received in the context of the country visit to Slovakia from the Judicial Council. 
10   Contribution from Via Iuris for the 2022 Rule of Law Report, p. 3; Information received in the context of the 

country visit to Slovakia from Judges for Open Judiciary. 

11   The Council is composed of 18 Members, half of which are judges elected by their peers. The Government, 
the Parliament and the President of the Republic each choose three members as well. For further information 
see  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Slovakia,  pp.  3–4.  The 
provision has been challenged before the Constitutional Court, where it remains pending, file No. 414/2021. 
12   However,  in  accordance  with  established  case  law  of  the  Constitutional  Court,  the  dismissal  must  not  be 
discriminatory  or  arbitrary.  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Slovakia, pp. 3–4. 

13   Information received in the context of the country visit to Slovakia from the Judicial Council. 
14   Contribution  from  the  European  Association  of  Judges  for  the  2022  Rule  of  Law  Report,  pp.  2,  11; 
Contribution from the European Network of National Human Rights Institutions (Slovak National Centre for 
Human Rights) for the 2022 Rule of Law Report, pp. 465-466; Contribution from the Association of Judges 
for the 2022 Rule of Law Report, p. 2. During the country visit, the representative of the Judicial Council 
expressed reservations to this amendment, while indicating that the Council does not feel under pressure.  
15   The  Court  of  Justice  has  recalled,  as  regards  the  process  for  appointing  members  of  the  judiciary,  for  a 
Council  of  the  Judiciary  to  contribute  to  rendering  that  process  more  objective,  it  is  necessary  that  such  a 
body should itself be sufficiently independent of the legislature, the executive and the authority to which it is 
required to submit an opinion on the assessment of candidates for a judicial post. See judgment of the CJEU 
of 20 April 2021, Repubblika, Case C-896/19, ECLI:EU:C:2021:311, para. 66. 

16   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 4-5. 
17   According to the reform, judges may not be held accountable for an opinion expressed during their decision-
making, unless the decision-making of a judge can be qualified as a crime. The CCJE Bureau in its Opinion 
of 9 December 2020, in relation to the Constitution (CCJE-BU(2020)3, p. 5) stated that the new wording of 
the Constitution is vague and entails a potential risk of abuse. 2021 Rule of Law Report, Country Chapter on 
the rule of law situation in Slovakia, p. 5. 

18   For  further  information  see  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 

Slovakia, pp. 4-5. 

19   Contribution  from  the  European  Association  of  Judges  for  the  2022  Rule  of  Law  Report,  pp.  13; 

Contribution from the Slovak Association of Judges for the 2022 Rule of Law Report, p. 1;  

20   Information received in the context of the country visit to Slovakia from the  Supreme Administrative Court 

and Judges for Open Judiciary. 

21   Criminal proceedings are led by the Special Prosecutor and a Specialised Criminal Court. A judge accused 
of this crime is entitled to request the Judicial Council to express its disagreement on the continuation of the 

4 

 
                                                 
 
European standards provide that subjecting judges to liability for their judicial decisions may 
occur in exceptional cases of malice and gross negligence22, the forms of conduct which may 
constitute  a  crime  should  be  defined  sufficiently  clearly  and  precisely23,  and  any  regime 
governing personal liability of judges must provide necessary guarantees to prevent any risk 
of abuse24. Safeguards would need to be in place and duly observed in practice, in line with 
the aforementioned standards. So far, no judge has been prosecuted under this provision, but 
several criminal complaints were filed25.  

Parliament  approved  a  reform  of  the  judicial  map.  For  several  years,  the  Ministry  of 
Justice  worked  on  a  reform  of  the  judicial  map26.  This  reform  aims  to  follow 
recommendations  of  the  Council  of  Europe  Commission  for  the  Efficiency  of  Justice 
(CEPEJ)27, which among others, suggested enhancing specialisation of judges and changing 
the  judicial  map,  in  particular  by  decreasing  the  number  of  district  courts28.  After  criticism 
from stakeholders, the Ministry of Justice revised its original draft of a comprehensive reform 
and  submitted  a  new  version  to  public  consultations  in  September  2021,  and  an  Act 
reforming the judicial map was approved by the Parliament on 27 April 202229. It decreases 
the  number  of  district  courts  from  54  to  36,  changes  territories  of  regional  courts,  and 
establishes five municipal courts. A separate act establishing administrative courts was also 
adopted. While the aim of the original governmental proposal to increase public trust in the 
judiciary and improve its efficiency and quality remain30, changes were made, among others, 
in  the  new  territories  of  the  courts.  Additionally,  the  transfer  of  judges  and  staff  from  the 
dissolved  courts  to  the  new  courts  no  longer  requires  them  to  physically  move  to  other 
locations,  as  they  will  remain  in  the  original  location,  serving  as  a  branch  of  the  successor 
court31. Cases will not be reallocated ex lege32. Presidents of successor courts will remain in 

criminal prosecution, which, if granted, is tantamount to the termination of the proceedings (this safeguard 
was originally only effective until 2024, but the relevant provision was subsequently amended and it is no 
longer temporary; Art. IX of Act No. 432/2021). The prosecuted judge may be temporarily suspended only 
by a decision of a disciplinary court. 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Slovakia, p. 6. 

22   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 68 
23   See by analogy in case of disciplinary proceedings against judges: judgment of the CJEU of 15 July 2021, C-
791/19, para. 140. See also, by analogy, judgment of the CJEU of 18 May 2021 in joined cases C-83/19, C-
127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România’ and 
Others, ECLI:EU:C:2021:393, para 234.  

24   See by analogy in case of disciplinary proceedings against judges: judgment of the CJEU of 15 July 2021, C-
791/19, para. 146; judgment of the CJEU of 19 November 2019, LM, C-216/18, para. 67, as regards liability 
of judges see also judgment of the CJEU of 18 May 2021 in joined cases C-83/19, C-127/19, C-195/19, C-
291/19, C-355/19 and C-397/19, paras. 228-239. 

25   As of March 2022 there were 32 criminal complaints. Information received in the context of the country visit 
to Slovakia from the  Special Prosecutor. Media report that two of these  were  made by  a politician against 
Supreme Court judges. See Dennik N (2022) https://dennikn.sk/minuta/2675787/?ref=list 
26   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 6-7.  
27   2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 4. A CEPEJ review of 
the draft reform concluded that the methodology used is in line with its guidelines and its assessment report 
and highlighted the evidence-based approach adopted by Slovak authorities; CEPEJ (2020), CEPEJ Experts’ 
review of the Judicial Map Reform in the Slovak Republic, pp. 8-9. 

28   CEPEJ (2017), Efficiency and quality of the  Slovak judicial system,  Assessment and recommendations on 

the basis of CEPEJ tools, CEPEJ-COOP(2017)14, pp. 20-28. 

29   Act No. 150/2022. 
30   Explanatory report to the draft act on reform of the district courts, p. 1;  Input  from  Slovakia for the 2022 

Rule of Law Report, p. 3. 

31   Input from Slovakia for the 2022 Rule of Law Report, p. 4.  

5 

 
                                                                                                                                                        
office  and  presidents  of  dissolved  courts  will  become  vice-presidents  of  successor  courts33. 
Stakeholders,  including  representatives  of  the  highest  judicial  institutions,  continued34  to 
criticise  the  legislative  process  due  to  a  lack  of  meaningful  consultations35.  It  was  also 
pointed  out  that  such  an  extensive  reform,  which  would  trigger  a  reorganisation  of  the 
prosecution service as well, should be implemented gradually over a longer period of time, in 
order  to  ensure  the  continuous  operation  of  the  courts  during  the  transition36.  Many 
stakeholders however agree with the general aims of the reform and the main features, such 
as  the  enlargement  of  court  districts  and  achieving  greater  specialisation  of  judges37,  and 
welcome  the  initiative  as  an  effort  to  make  the  judiciary  more  effective  and  trusted38.  The 
reform of the judicial map is part of the Slovak National Recovery and Resilience Plan39. As 
the  reform  will  involve  a  transfer  of  judges,  according  to  European  standards,  judges  who 
would  be  transferred  in  the  course  of  the  reform  without  their  consent  should  benefit  from 
procedural safeguards in order to ensure that their independence is not jeopardised40. 

32   However, if a judge specializes in a certain area, the president of the court may reallocate cases which do not 
fall under his or her area of specialization. This does not apply to judges of municipal courts in Bratislava. 
The reallocation will be conducted randomly using technical means under the general rules stipulated in Sec. 
51 of Act 757/2000 on courts. Cases which fall under area of specialization of judges cannot be reallocated, 
and will be resolved by the president of the respective court in a work agenda of the court. Art. VIII of Act 
No. 150/2022, amending Secs. 18l, 18m and 18n of Act No. 371/2004. Information received in the context 
of the country visit to Slovakia from the Ministry of Justice. 

33   The previous draft contained different options for selections of court presidents, under one of which the term 
of  office  of  all  presidents  of  successor  courts  would  be  terminated  and  new  presidents  appointed,  which 
would  have  raised  questions  as  regards  the  discretion  given  to  the  executive  power.  2021  Rule  of  Law 
Report, Country Chapter on the rule of law situation in Slovakia, footnote 56.  

34   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 6. 
35   Joint  statement  of  the  Constitutional  Court,  Supreme  Court,  Supreme  Administrative  Court,  Prosecutor 
General  and  the  Bar  Association  of  28  January  2022,  https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/;  Contribution  from  the  Slovak 
Bar  Association  for  the  2022  Rule  of  Law  Report,  p.  21;  Contribution  from  the  Law  Faculty  of  the 
Komensky University in Bratislava for the 2022 Rule of Law Report, p. 1; Information  on criticism from 
relevant  stakeholders  is  also  noted  in  the  Contribution  from  the  European  Network  of  National  Human 
Rights Institutions (Slovak National  Centre  for Human  Rights)   for the 2022 Rule of  Law  Report, p. 473. 
Public  consultations  for  the  drafts  took  place  from  13  September  2021  to  4  October  2021;  Public 
consultations LP/2021/503, LP/2021/504, LP/2021/505, LP/2021/506. 

36   Joint  statement  of  the  Constitutional  Court,  Supreme  Court,  Supreme  Administrative  Court,  Prosecutor 
General  and  the  Bar  Association  of  28  January  2022,  https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/. 

37   Joint  statement  of  the  Constitutional  Court,  Supreme  Court,  Supreme  Administrative  Court,  Prosecutor 
General  and  the  Bar  Association  of  28  January  2022,  https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/;  Contribution  from  the  Public 
Defender of Rights for the 2022 Rule of Law Report, p. 6; Information received in the context of the country 
visit  to  Slovakia  from  the  Supreme  Administrative  Court,  the  Association  Judges  for  Open  Judiciary,  the 
Slovak Bar Association. 

38   Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 6. 
39   Component 15 of the Slovak National Recovery and Resilience Plan. 
40   Pursuant to European standards, it is allowed, in exceptional cases, to transfer judges without their consent, 
provided that sufficient safeguards are in place. These safeguards include a requirement that the judge may 
not  be  transferred  to  a  court  of  a  lower  instance  and  that  he  or  she  has  recourse  to  judicial  review. 
Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe,  para.  52; 
European Charter of the Stature of Judges, Arts. 1.4., 3.4.; report of the European Network of Councils for 
the Judiciary, on Minimum standards for the evaluation of professional performance and the irremovability 
of members of the judiciary, proposal 4.21; judgment of the European Court of Human Rights of 9 March 
2021, Bilgen v Turkey, 1571/07, para. 96. 

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The  new  Supreme  Administrative  Court  has  become  operational.  The  Supreme 
Administrative  Court  was  established  by  the  Constitutional  amendment  of  202041  as  of  1 
August 2021. The Court acts as a second instance in administrative proceedings and performs 
several other tasks42, such as disciplinary proceedings against judges. The Court is currently 
composed of 21 judges43, selected44  by the Judicial  Council after a public hearing45, has its 
own staff, and is fully operational.  

A  law  creating  a  new  separate  system  of  administrative  courts  was  approved  by  the 
Parliament.  Administrative  cases  of  first  instance  are  currently  handled  by  administrative 
chambers  within  regional  courts.  In  the  context  of  the  reform  of  the  judicial  map,  the 
Government has proposed the establishment of a separate administrative court system46 and 
the  Act  was  adopted  by  the  Parliament  on  27  April  202247.  The  presidents  of  the  new 
administrative courts will be selected from among judges48 by a committee of five members, 
which should be chosen by the Minister of Justice, two of which from candidates nominated 
by the Judicial Council49. As regards the selection of judges to the administrative courts50, the 
Minister of Justice, after consultation of the Judicial Council, determines which posts will be 
filled  by  a  transfer  of  judges51  and  which  through  a  selection  procedure52.  The  courts  are 
established  as  of  1  June  2022    and  will  start  operating  as  of  1  January  202353.  It  will  be 
important that the establishment of these new administrative courts and the regime applicable 
to them complies with EU law and takes into account European standards54. 

Parliament adopted the new act on disciplinary proceedings against judges, now falling 
under  the  responsibility  of  the  Supreme  Administrative  Court.  Previously,  disciplinary 
proceedings against judges were conducted by disciplinary  bodies organised and supervised 

41   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 7. 
42   Review  of  constitutionality  and  legality  of  election  to  local  authorities  and  dissolution  or  temporary 

suspension of activities of political parties Sec. 142(2) of the Constitution. 

43   The total number of judges will be 30. Information  received in the context of the country visit to Slovakia 

from the Supreme Administrative Court. 

44   Certain stakeholders criticized that judges from the former administrative branch of the Supreme Court were 
not  automatically  transferred  to  the  Supreme  Administrative  Court,  but  had  to  pass  though  the  election 
procedure.  Some  of  the  Supreme  Court  judges  refused  this  process  and  chose  to  remain  at  the  Supreme 
Court.  

45   Sec. 151zf, Act 385/2000, on Courts.  
46   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 7.  
47   Act No. 151/2022 on the establishment of administrative courts. 
48   Art. I, Sec. 3(6) of the Act No. 151/2022. Any judge may apply for the position.  
49   In the standard process of appointment of court presidents as stipulated in Secs. 36 and 37 of Act 750/2004, 
on  Courts,  four  members  of  the  selection  committee  are  chosen  by  the  Minister  of  Justice  from  a  list  of 
candidates  so  that  one  of  the  members  was  nominated  to  the  list  by  the  Judicial  Council  and  three  by  the 
Minister. One member of the selection committee is elected by the council of judges at the respective court. 
Justice 
at 
The 
https://www.justice.gov.sk/Stranky/Sudy/Vyberove-konania-na-sudoch/Kandidati-na-clenov-vyberovych-
komisii-na-vyber-predsedov-sudov.aspx.  
50   Art. I, Sec. 3(7) of the Act No. 151/2022. 
51   Transfer of judges is conducted by the Judicial Council either on the request of a judge, or with his or her 

the  Ministry 

the  website 

candidates 

published 

list 

of 

of 

of 

is 

consent, or based on a disciplinary decision, Sec. 14, Act 385/2000, on Courts. 

52   Selection procedure  will be conducted by a  selection committee composed of two  members nominated by 
the Minister of Justice and three members nominated by the Judicial Council. Art. I, Sec. 3(9) of the Draft 
Act on the establishment of administrative courts. 

53   Art. XIII of the Act No. 151/2022. 
54   Consultative Council of European Judges (2016), Opinion No.19, The role of court presidents, paras 37-40. 

7 

 
                                                 
by  the  Judicial  Council55.  The  2020  amendment  of  the  Constitution56  transferred  the 
responsibility to conduct disciplinary proceedings to the Supreme Administrative Court. The 
Supreme  Administrative  Court  has  also  been  assigned  the  responsibility  to  conduct 
disciplinary  proceedings  against  prosecutors,  bailiffs  and  notaries57.  On  11  November  2021 
Parliament  adopted  the  act  on  disciplinary  proceedings  conducted  by  the  Supreme 
Administrative  Court58.  Pursuant  to  this  act,  disciplinary  proceedings  against  judges  are 
conducted  by  disciplinary  bodies  composed  of  five  members,  three  of  which,  including  the 
Chair,  are  judges  of  the  Supreme  Administrative  Court  appointed  according  to  a  work 
schedule  prepared  by  the  President  of  the  Supreme  Court59.  Two  members  are  selected 
randomly from a list of persons elected by the Judicial Council60. A judge condemned in the 
disciplinary proceedings may challenge the decision before an appellate body61 if the decided 
sanction  is  dismissal  from  office62.  Stakeholders  have  welcomed  the  new  regime  of 
disciplinary proceedings, expecting among others an increase in efficiency, transparency and 
uniformity of decisions63. 

Criminal  proceedings  continue  in  relation  to  corruption  and  abuse  of  office  charges 
against judges and other representatives of justice and law enforcement. Following high-
profile  police  operations  referred  to  in  the  2020  and  2021  Rule  of  Law  Reports64,  the 
resulting criminal proceedings linked to serious allegations of corruption and abuse of office 
involving  a  number  of  judges  and  other  representatives  of  justice  and  law  enforcement 
continue65 (for other high level corruption cases see Section II).  

55   Members of the disciplinary  bodies  were  elected by the  Judicial Council  from candidates proposed by the 
councils  of  judges  of  individual  courts,  Minister  of  Justice,  and  the  Parliament;  former  Sec.  119a  of  Act 
385/2000 on judges.  

56   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 3. 
57   Sec.  142(2)(c)  of  the  Constitution.  The  Ministry  of  Justice  also  reflects  on  granting  to  the  Supreme 
Administrative  Court  the  competence  to  review  decisions  from  disciplinary  proceedings  against  lawyers 
conducted  by  the  Slovak  Bar  Association.  The  Minister  of  Justice  requested  an  opinion  of  the  Venice 
Commission on this mechanism. The Venice Commission stated that the Ministry’s general proposal was in 
in line with international standards. Opinion of the Venice Commission No. 1048/2021 of 18 October 2021, 
para. 64.  

58   Act  No.  432/2021  on  disciplinary  proceedings  conducted  by  the  Supreme  Administrative  Court,  in  effect 
since  1  December  2021.  Disciplinary  liability,  offences  and  penalties  continue  to  be  governed  by  Act  No. 
385/2000. 

59   The work schedule is prepared for three years. Sec. 6 of Act No. 432/2021. Other two members are selected 
from persons elected by the Council of prosecutors, the president of the Chamber of Bailiffs, the president of 
the Chamber of Notaries or by the Judicial Council. 

60   Sec. 6(4) and Sec. 9(4) of the Act No. 432/2021. These persons may not be judges, prosecutors, notaries or 
bailiffs,  but  must  have  a  law  degree  and  practiced  law  for  at  least  ten  years.  Sec.  10(4)  of  the  Act  No. 
432/2021. 

61   An appellate  body is composed of five judges of the Supreme  Administrative Court.  Information received 

from the Supreme Administrative Court. 

62   Sec. 37 of Act No. 432/2021 on disciplinary proceedings conducted by the Supreme Administrative Court. 
63   Contribution  from  the  Slovak  European  Network  of  National  Human  Rights  Institutions  (Slovak  National 
Centre  for  Human  Rights)    for  the  2022  Rule  of  Law  Report,  pp.  472-473;  Information  received  in  the 
context of the country visit to Slovakia from the Judicial Council, the Association Judges for Open Judiciary, 
civil societies organisations Zastavme korupciu (Stop Corruption) and Via Iuris, Public Defender of Rights. 
64   2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 2 and 2021 Rule of 

Law Report, Country Chapter on the rule of law situation in Slovakia, pp.2, 3. 

65   As  of  March  2022,  criminal  proceedings  involved  18  judges  (out  of  which  four  have  already  been 

sentenced), three prosecutors and six attorneys. Information received from the Special Prosecutor.  

8 

 
                                                 
The Ministry of Justice announced legislative amendments to restrict the power of the 
Prosecutor  General  to  annul  prosecutorial  decisions.  Currently,  the  Prosecutor  General 
has the power to annul any decision by lower-ranking prosecutors or the police made in the 
course  of  criminal  proceedings66.  Since  August  202167,  when  this  power  was  used  to  stop 
criminal  proceedings  against  several  high-profile  defendants68  (see  below  in  Section  II),  it 
became  a subject  of  a public debate.  In one case  this power was  applied  after the Supreme 
Court issued several decisions in the proceedings69, leading to the perception of this step as 
an interference with judicial power70. The annulment of criminal proceedings also contributed 
to  tensions  between  the  Prosecutor  General  and  the  Special  Prosecutor71.  The  Ministry  of 
Justice is currently preparing a draft amendment of the Criminal Procedure Code,  including 
steps to narrow down this power of the Prosecutor General72. In general, a limitation of the 
power  of  the  Prosecutor  General  would  be  in  line  with  European  standards  relating  to 
autonomy and internal independence within the prosecution service73.  

The  Bar  Association  is  active  in  promoting  the  rule  of  law  and  has  raised  concerns 
about the working environment of lawyers. The Bar Association started hosting a platform 
where  the  highest  representatives  of  the  judiciary  discuss  matters  related  to  justice  and  the 
rule  of  law.  Representatives  on  the  highest  level  of  the  Bar  Association,  the  Constitutional 
Court, Supreme Court, Supreme Administrative Courts and the Prosecutor General agreed to 
meet regularly to exchange views on the topics regarding the justice system and the rule of 
law in Slovakia, such as the reform of the judicial map74. The purpose of these meetings is 
also  to  increase  trust  in  the  highest  judicial  institutions.  The  Bar  Association  reported  that 
lawyers encounter threats and harassment in the course of their practice75.  

66   Art. 363 of the Criminal Procedure Code. There is no legal remedy against the decision.  Following such a 
decision,  the  only  possibility  for  investigators  to  bring  again  charges  is  to  provide  new  evidence  different 
from what was presented in the original case. 

67   The  instrument  has  however  been  frequently  used  even  before;  since  its  creation  in  2016,  the  Prosecutor 

General annulled approximately 80 decisions each year. 

68   Including one person with close connections to politicians from a government coalition party.  
69   The criminal proceedings in this case were opened again. Information received in the context of the country 

visit to Slovakia.  

70   Information received in the context of the country visit to Slovakia.  
71   In reaction to the tensions, the Government set up a special working group to restore trust in the rule of law, 
which  was intended to prepare recommendations for improvement of the functioning of courts, police and 
prosecution.  The  working  group  has  since  been  suspended,  awaiting  a  political  decision  on  the  discussed 
questions. Press release from the Government Office of 16 September 2021, Prime Minister: Expert working 
group  will  discuss  restoration  of  trust  in  the  rule  of  law,  https://www.vlada.gov.sk/premier-odborna-
pracovna-skupina-bude-riesit-obnovu-dovery-v-pravny-stat/.  Information  received  in  the  context  of  the 
country visit to Slovakia from the Ministry of Justice. 

72   Information received in the context of the country visit to Slovakia from the Ministry of Justice. Two options 
are under consideration, either to enact that this power cannot be used if a court decision already confirmed 
the lawfulness or justification of the proceedings, or to limit the power only to the annulment of decisions of 
prosecutors  through  which  they  decided  to  stop  prosecution.  The  draft  bill  is  expected  to  be  submitted  to 
public consultation in spring 2022.  

73   Recommendation  CM/Rec(2000)19  of  the  Committee  of  Ministers  to  member  states  on  the  role  of  public 
prosecution  in  the  criminal  justice  system,  recommendation  9  and  10;  Venice  Commission,  Rule  of  Law 
Checklist, CDL-AD(2016)007rev, para. 92. 

74   Meetings 

of 

23 

September 

2021 

and 

https://www.sak.sk/web/sk/cms/news/form/list/form/row/967235/_event, 
predstavitelia-justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/.  

28 
2022, 
https://www.nsud.sk/najvyssi-

January 

75   Contribution from the Council of Bars and Law Societies of Europe, p. 58. 

9 

 
                                                 
Quality  

Efforts to advance digitalisation are continuing but gaps remain. Digital tools are widely 
used in courts76 and court and prosecutorial decisions are generally accessible online77. Gaps 
continue  to  exist,  in  particular  as  regards  the  prosecution  service,  both  in  terms  of  use  of 
digital  technology78  and  availability  of  secure  electronic  communication  tools,  notably 
between  the  prosecution  service  and  detention  facilities  and  investigating  authorities79. 
Stakeholders80 further report weaknesses in using digital tools and infrastructure in  practice 
and  that  better  equipment,  better  compatibility  of  different  information  systems  and  the 
introduction  of  a  new,  improved  case  management  system  would  enhance  the  benefits  of 
digitalisation.  The  development  of  a  new  court  management  system,  an  integration  of 
judicial,  police  and  prosecution  case  management  systems  into  a  new  criminal  case 
management  system  and  a  new  commercial  register  are  among  the  priorities  of  the 
Government81.  Efforts  are  supported  also  by  funding  from  the  EU,  including  the  Recovery 
and Resilience Facility82.  

Efficiency 

Efficiency of proceedings has continued to deteriorate, notably in administrative cases. 
Already  comparably  lengthy  in  EU  perspective,  the  trend  of  the  growing  length  of 
proceedings in administrative cases continued in 2020, reaching 585 days in the first instance 
in  2020,  compared  to  317  days  in  2017,  401  days  in  2018  and  518  days  in  201983.  At  the 
same time, the clearance rate is  comparably low  in  EU perspective, at 86.8 % in 2020 (vs. 
81.4  %  in  2019)84,  pointing  out  at  the  system  not  managing  to  deal  efficiently  with  the 
workload in administrative cases. As regards civil and commercial cases, the estimated length 
of  proceedings  in  litigious  civil  and  commercial  cases  also  increased  in  2020  compared  to 
2019,  reaching  204  days  (compared  to  170  in  2019)85.  Several  groups  of  cases  concerning 
excessive  length  of  civil  proceedings  have  been  examined  by  the  Council  of  Europe86  (see 
also below in Section IV). 

76   Figure 43, 2022 EU Justice Scoreboard.  
77   Figures 
and 

2022 

49, 

48 

Justice 
https://www.genpro.gov.sk/dokumenty/pravoplatne-uznesenia-prokuratora-ktorymi-sa-skoncilo-trestne-
stihanie-vedene-proti-urcitej-2f09.html.  
78   Figure 43, 2022 EU Justice Scoreboard. 
79   Figure 45, 2022 EU Justice Scoreboard.  
80   Information received in the context of the country visit to Slovakia from the Association of Judges, Supreme 

prosecutorial 

Scoreboard. 

decisions, 

For 

EU 

Administrative Court and Slovak Bar Association 

81   Input from Slovakia for the 2022 Rule of Law Report, p. 13 and information received in the context of the 

country visit to Slovakia from the Ministry of Interior and the Office of the Prosecutor General.  

82   The Slovak Recovery and Resilience Plan plans investments into digitalisation and analytical capacities for 
the  justice  system,  Component  15  of  the  Slovak  Recovery  and  Resilience  plan.  Other  examples  of 
digitalization  projects  supported  from  EU  funds  are  projects  at  the  Supreme  Court,  e.g.  to  strengthen 
cybersecurity supported from the European Regional Development Fund or improve the Court’s website to 
allow  free  access  to  key  information  in  the  form  of  open  data  or  accessibility  for  people  with  disabilities, 
with the support from the European Social Fund.  

83   Figure 9, 2022 EU Justice Scoreboard.  
84   Figure 13, 2022 EU Justice Scoreboard.  
85   Figure 7, 2022 EU Justice Scoreboard.  
86   These  groups  of  cases  concern  excessive  length  of  civil  proceedings,  excessive  length  of  proceedings 
concerning a compensation claim of the aggrieved party attached to criminal proceedings, effectiveness of 
the remedy for excessively lengthy civil proceedings and excessive length of restitution-of-land proceedings 

10 

 
                                                 
 
II. 

ANTI-CORRUPTION FRAMEWORK  

In Slovakia, the competences for the prevention, detection and prosecution of corruption are 
shared between several authorities. The Office of the Government is the central body for the 
corruption  prevention  coordination,  reporting  directly  to  the  Prime  Minister’s  Office.  The 
National Crime Agency of the Presidium of the Police Force is in charge of the detection and 
investigation  of  corruption  offences,  with  the  exception  of  corruption  crimes  committed  by 
members of the police itself and certain law enforcement agencies falling under the remit of 
the  Bureau  of  Inspection  Service87.  The  Special  Prosecutor’s  Office88  has  exclusive 
jurisdiction  over  the  investigation  of  criminal  offences  under  the  substantive  jurisdiction  of 
the Specialised Criminal Court, including corruption offences89.  

The perception among experts and business executives is that the level of corruption in 
the public sector still remains relatively high. In the 2021 Corruption Perceptions Index by 
Transparency  International,  Slovakia  scores  52/100  and  ranks  22nd  in  the  European  Union 
and 56th globally90. This perception has been relatively stable over the past five years.91 The 
2022  Special  Eurobarometer  on  Corruption  shows  that  83%  of  respondents  consider 
corruption  widespread  in  their  country  (EU  average  68%)  and  36%  of  respondents  feel 
personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)92.  As  regards 
businesses, 84% of companies consider that corruption is widespread (EU average 63%) and 
50%  consider  that  that  corruption  is  a  problem  when  doing  business  (EU  average  34%)93. 
Furthermore, 20% of respondents find that there are enough successful prosecutions to deter 
people  from  corrupt  practices  (EU  average  34%)94,  while  15%  of  companies  believe  that 

(two-tier  proceedings  consisting  of  an  administrative  phase  before  a  Land  Office  and  a  judicial  phase  on 
appeal)  and  lack  of  effective  remedies,  respectively.  Decisions  on  these  cases  were  delivered  by  the 
European Court of Human Rights and the execution of these judgments by the Slovak authorities is ongoing 
and  monitored  by  the  Council  of  Europe  under  the  standard  procedure.  See  statuses  of  execution  of  the 
judgments of the European Court of Human Rights of 24 July 2012, Maxian and Maxianova, 44482/09, of 
15  September  2015  Javor  and  Javorova,  42360/10, of  27 June  2017,  Ivan,  57405/15,  of  31  August  2018, 
Balogh  and  others,  35142/15.  Most  recently,  Slovak  authorities  presented 
two  action  reports: 
Communication from the Slovak Republic concerning the cases of Maxian and Maxianova (Application No. 
44482/09) and Ivan v. Slovak Republic (Application No. 57405/15), DH-DD(2021)696, of 6 July 2021, and 
Communication  from  the  authorities  (05/05/2021)  concerning  the  case  of  Javor  and  Javorova  v.  Slovak 
Republic (Application No. 42360/10), DH-DD(2021)467 of 6 May 2021.  

87   Cf. Article 4(3) of Act No. 171/1993 Coll. on the Police Force. 
88   Act of the National Council of the Slovak Republic No. 458/2003 Coll. on  the establishment of the Special 

Court and the Office of Special Prosecutor’s Office. 

89   Act No. 291/2009 Coll. on the Specialized Criminal Court. 
90   Transparency International (2022), Corruption Perceptions Index 2021. The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50). 

91   In 2017, the score was 50, while, in 2021, the score is 52. The score significantly increases/decreases when it 
changes  more than  five points; improves/deteriorates (changes between 4-5 points) and is relatively stable 
(changes from 1-3 points) in the last five years. 

92   Special  Eurobarometer  523  on  Corruption  (2022).  The  Eurobarometer  data  on  citizens’  corruption 
perception and experience is updated every second year. The previous data set is the Special Eurobarometer 
502 (2020). 

93   Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer 
data on business attitudes towards corruption as is updated every second year. The previous data set is the 
Flash Eurobarometer 482 (2019). 

94   Special Eurobarometer 523 on Corruption (2022).  

11 

 
                                                                                                                                                        
people  and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU 
average 29%)95.  

While work on a new anti-corruption strategy post-2023 has been launched, an update 
of the 2019 National Anti-Corruption Programme is still pending. The 2019 programme96 
is  part  of  Slovakia’s  overall  strategic  framework  for  anti-corruption  provided  by  the  Anti-
Corruption  Policy  for  2019-2023,  which  focuses  primarily  on  prevention  through  soft 
measures97. Overall, the National Anti-Corruption Program does not describe concrete steps 
to  fulfil  the  priorities  outlined  in  the  strategic  document,  being  essentially  identical  to  the 
strategy. The updated programme98 was submitted to the Government in November 2021, but 
has  not  yet  been  approved.  Following  the  suspension  of  the  discussions  on  the  update  in 
November  202199,  a  decision  on  its  approval  remains  pending100.  The  draft  updated 
programme  contained  measures  based  on  GRECO  evaluations,  including  on  principles  of 
integrity, conflicts of interest, and statistical indicators relating to criminal proceedings 101 as 
well  as  an  evaluation  of  the  implementation  of  the  2019  measures,  most  of  which  are  still 
outstanding102. In the meantime, as of March 2022, the Office of the Government has begun 
work on a new Anti-Corruption Strategy for the years 2024-2029 with a continued focus on 
integrity measures103. Adoption by the Government is planned for the end of 2023104.  

95   Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).  
96   2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 10. Government of 
the  Slovak  Republic,  National  Anti-Corruption  Program  of  the  Slovak  Republic  (2019),  which  includes 
several  sectoral  programmes  that  were  adopted  by  the  ministries  and  other  institutions,  including  the 
Ministry of Justice, of Economy, of the Interior, of Transport and Construction, of Environment, of Finance 
Sector, of Foreign and European Affairs, of Health, and of Labour, among others. The adopted action plans 
of  these  entities  contained  also  primarily  preventive  elements,  including  on  awareness-raising,  anti-
corruption education and corruption risk-management.  

97   Government of the Slovak Republic, Anti-Corruption Policy of the Slovak Republic for 2019-2023 (2018). 
98   The Updated National Anti-Corruption Programme of the Slovak Republic (October 2021). 
99   Input  from  Slovakia  for  the  2022  Rule  of  Law  Report,  p.  22.  According  to  information  received  by  the 
Office of the Government, officially, there were some fundamental objections from the Ministry of Finance 
regarding the terminology, the length of the draft update, the preciseness of measures, with the Government 
preference for less measures (four or five), which would require a complete re-drafting.  

100  Information received by the Office of the Government in the context of the country visit to Slovakia. 
101  For more information, see GRECO Fourth Evaluation Round - Second Amendment to the Second Report on 
the State of Implementation; Council of Europe, MONEYVAL (2020), Anti-money laundering and counter-
terrorist financing measures Slovak Republic, Fifth Round Mutual Evaluation Report. 

102  They  are  formally  classified  as  ‘not  fulfilled’  or  ‘in  progress’.  The  government  cited  the  pandemic  as  the 
reason for delayed implementation of the anti-corruption programme. Input from Slovakia for the 2022 Rule 
of  Law  Report,  p.  20.  The  Corruption  Prevention  Department  of  the  Government  Office  oversees  the 
implementation of the policy and action plan. Oversight over the implementation of the sectoral programmes 
is the competence of the relevant central state administration bodies. The role of the Corruption Prevention 
Department of the Office of the Government is, however, limited to checking whether the relevant ministry 
has  prepared  the  programme  but  it  does  not  evaluate  its  content.  However,  the  Corruption  Prevention 
Department  cooperates  with  the  anti-corruption  coordinators  with  the  Council  of  Anti-Corruption 
Coordinators. See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11.  
103  Input  from  Slovakia  for  the  2022  Rule  of  Law  report,  p.  22.  The  work  will  take  into  consideration  the 
recommendations of the OECD (2021), Integrity  Review of the Slovak  Republic,  which  was presented by 
the Prime Minister at the Integrity Forum in Bratislava on 3 March 2022. 

104  Information received from the Ministry of Justice/Corruption Prevention Department of the Government in 

the context of the country visit to Slovakia.  

12 

 
                                                 
A  draft  reform  of  the  Criminal  Code  seeks  to  amend  the  provisions  criminalising 
corruption.  The  envisaged  changes105  aim  to  introduce  new  definitions  of  the  crime  of 
bribery106  to  modify  and  widen  their  scope  to  include  also  bribes  of  an  intermediary 
influencing the decision-maker, and to reassess sanctions107. They also include a proposal to 
make compensation for damages more enforceable. The draft amendments were submitted by 
the  Government  for  public  consultation  in  December  2021108.  In  addition,  the  Ministry  of 
Justice  is  preparing  a  major  amendment  of  the  Code  of  Criminal  Proceedings109,  with  the 
launch of the legislative process planned in the course of 2022110, which aims at accelerating 
criminal proceedings and at addressing lengthy pre-trial periods111.  

A police reform aimed at increasing the effectiveness of the police in fighting corruption 
entered  into  force  on  1  February  2022.  Among  others,  the  new  organisational  measures 
aim  at  supporting  the  National  Crime  Agency  in  the  detection  and  investigation  of  serious 
economic  crime,  including  the  most  serious  forms  of  corruption  threatening  the  financial 
resources  of  the  state  and  the  European  Union  budget112.  Furthermore,  to  facilitate  the 
investigations,  regional  analytical  departments  and  financial 
police’s  anti-corruption 
investigation  departments  were  created  across  Slovakia  within  the  structure  of  the  National 
Crime  Agency,  thus  reporting  to  the  Presidium  of  the  Police  Force113.  The  changes  in  the 
police  follow  the  measures  implemented  to  strengthen  the  capacities  of  the  Special 
Prosecutor’s  Office  at  the  beginning  of  2021,  as  reported  in  last  year’s  report114.  More 
generally,  concerns  have  been  raised  about  the  potential  impact  of  the  Civil  Service 
Reform115 on law enforcement, regarding the newly introduced possibility for the Minister of 
the  Interior  or  another  appointed  public  official116  to  transfer  a  police  officer  or  other  staff 

105  Act  amending  Act  No.  300/2005  Coll.  Criminal  Code,  as  amended,  and  amending  certain  acts 
https://www.slov-lex.sk/legislativne-procesy/SK/LP/2021/744. Act No 312/2020 added to Act No 300/2005 
provisions  on  new  criminal  offences,  in  particular  Section  233a,  Section  326a,  Section  336  ‘Indirect 
corruption’  and,  Section  336  ‘Acceptance  and  confer  of  an  undue  advantage’.  The  amendment  to  the 
Criminal Code is based on the government commitment as laid down in the Manifesto of the Government of 
the  Slovak  Republic  for  the  years  2021-2024  in  the  section  Criminal  Policy  and  Prisons,  in  response  to 
issues identified in practice. 

106  Section 328 of the Criminal Code (passive bribery) and section 332(1) (active bribery). 
107  Input from Slovakia for the 2022 Rule of Law Report, pp. 17 and 27. 
108  Input  from  Slovakia  for  the  2022  Rule  of  Law  Report,  p.  28.  Due  to  the  large  extent  of  changes  and 
comments  received,  a  second  public  consultation  is  considered  by  the  government  for  the  second  half  of 
2022. 

109  Act No. 301/2005 Coll. Code of Criminal Procedure, as amended. 
110  Information received from the Ministry of Justice/Corruption Prevention Department of the Government in 

the context of the country visit to Slovakia. 

111  Information received from the Ministry of Justice/Corruption Prevention Department of the Government in 

the context of the country visit to Slovakia. 

112  Input from Slovakia for the 2022 Rule of Law Report, p. 19. 
113  Input from Slovakia for the 2022 Rule of Law Report, p. 19. In detail, the changes within the police force 
concern: (i) the expansion of the analytical capacities of the Criminal Analysis Management Department of 
the Presidium to the regional level and the establishment of new units, including (ii) the National Centre of 
Special Crimes of the Presidium with nationwide competence, including a new Department for the Detection 
of  Hazardous  Materials  and  Environmental  Crime  that  will  look,  among  others,  into  links  to  corrupt 
behavior;  and  (iii)  the  Bureau  of  Criminal  Techniques  of  the  Presidium  with  nationwide  competence  to 
enhance the quality of investigation techniques and evidence-gathering. 

114  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11. 
115  Amendment of Act No. 55/2017 on Civil Service, adopted by the National Council of the Slovak Republic 

on 23 November 2021. 

116  This includes also the Minister of Justice or the Director of the Slovak Intelligence Service. 

13 

 
                                                 
member  to  another  post  or  location  without  need  for  justification117.  In  general,  corruption 
investigations  have  received  increased  public  scrutiny  on  the  integrity  and  effectiveness  of 
the  process118.  Allegations  of  politically  motivated  decisions 
to  open  corruption 
investigations risk eroding law enforcement cooperation, the effectiveness of the fight against 
corruption as well as the public’s trust in the integrity of the institutions119.   

Efforts to fight high-level corruption continued while challenges emerged in high-level 
corruption cases, including regarding the Prosecutor-General’s discretion. Investigations 
of  high-ranking  officials  that  had  started  in  2020  continued  in  2021  and  investigations  on 
charges  of  bribery  were  opened  against  several  other  former  high-ranking  public  officials, 
including  former  ministers120.  In  2021,  the  National  Crime  Agency  initiated  proceedings  in 
114  cases  of  corruption121.  The  number  of  individuals  convicted  for  corruption  offences 
remained  relatively  stable  with  132  convictions  in  2021  (compared  to  128  convictions  in 
2020)122. Since 1 August 2021, the new Office for the Management of Seized Property123 is 
operational,  which  is  viewed  to  be  an  important  tool  in  the  fight  against  corruption124. 
However,  the  Prosecutor-General  has  recently  invoked  in  several  corruption-related  cases 
Article 363 of the Code  of Criminal  Procedure125. As described in  Section  I this  grants  the 

117  Information received from Transparency International/Zastavme korupciu in the context of the country visit 

to Slovakia. 

118  Information received from Transparency International/Zastavme korupciu in the context of the country visit 
to Slovakia. See in this context also Zastavme korupciu (2021), Kovařík has resigned - Mikulca wants to be 
removed - How they've managed the police so far; and Euractiv (2021), ‘Slovakia’s representatives discuss 
investigations  of  corruption’;  Euronews  (2022),  ‘Former  Slovakian  Prime  Minster  Robert  Fico  faces 
criminal charges’; EUobserver (2022), ‘Slovak ex-PM narrowly stays out of jail in corruption fiasco’. 

119  Information  received  from  the  National  Crime  Agency  and  civil  society  organisations  Zastavme  korupciu 
and  Transparency  International  in  the  context  of  the  country  visit,  reporting  about  the  consequences  of 
increasing public distrust in the police in the context of the country visit to Slovakia. See also The Slovak 
Spectator (2021), ‘War among the police? Big corruption cases complicate relations between institutions’; 
and Euractiv (2021), ‘Slovakia’s police chief charged for abuse of power, obstructing justice’. 

120 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 12-13. Input from 
Slovakia for the 2022 Rule of Law Report, p. 18. The political support and thus possibility to investigate and 
prosecute high-level corruption has considerably improved following the public mass demonstrations against 
the perceived impunity for high-level corruption based on revelations made in the context of the murder of 
journalist Ján Kuciak and his fiancée Martina Kušnírová in 2018. 

121  Corruption  statistics  are  available  in  the  annual  reports  of  the  National  Crime  Agency  on  the  number  of 
criminal  investigations  and  prosecutions  and  the  number  of  individuals  charged  with  corruption  offences. 
Also the Ministry of Interior publishes monthly crime statistics online.  

122  Crimes included in the  statistics are passive  corruption (section 328), passive corruption  – procurement of 
items of general interest (section 329), active corruption (section 332), active corruption  – procurement of 
items  of  general  interest  (section  333),  trading  in  influence  (section  336),  electoral bribery  (section  336a), 
sports corruption (section (336b), see General Prosecutor, Statistics for the year 2021 (March 2022), p. 45. 
123  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11. The Office was 

established on the basis of the new Act 312/2020 Coll. on the Enforcement of the Decision.  

124  Contribution from ENNHRI for the 2022 Rule of Law Report, p. 30, emphasising the Office’s importance in 
the  fight  against  corruption  in  managing  properties  seized  during  criminal  and  tax  fraud  proceedings,  in 
proving  the  origins  of  assets  and  in  imposing  international  sanctions.  In  December  2021,  the  Office  has 
successfully managed several seizures, including 35 seizures of cars, 18 houses, 23 apartments, 79 premises 
and 25  weapons. The relevant law on asset seizure,  which entered into force in January 2021, is Act. No. 
312/2020 on Forfeiture of Assets and Management of Seized Property and Amendments to Certain Acts. For 
more details on this, see 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, 
p. 11. 

125  Article  363  of  the  Code  of  Criminal  Procedure  empowers  the  Prosecutor-General  to  annul  police  and 
prosecutorial decisions if they were illegal. The annulment must take place within six months of the disputed 
decision.  Notably,  the  article  was  considered  controversial  already  before  it  was  used  in  high-level 
corruption cases, due to which the government committed itself to explore narrowing down this provision in 

14 

 
                                                 
 
Prosecutor-General the power to determine whether prosecution is  lawful and thus to  annul 
any  decision  to  bring  charges  by  lower-ranking  prosecutors  or  police  investigators126.  This 
resulted  in  the  closure  of  investigations  against  several  high-profile  defendants  held  in  pre-
trial detention for corruption allegations127, which triggered calls for more transparency of the 
process128. The law does not provide for a remedy against such annulments.  The legality of 
the criminal charges had previously been upheld  by different courts, including the Supreme 
Court and the Constitutional Court.  

The new Whistleblower Protection Office took up its work in September 2021. As noted 
in the 2021 Report129, the Office’s mandate focuses on the reporting of breaches of law and 
the  protection  against  retaliatory  measures  undertaken  based  on  the  principles  of 
confidentiality  and  anonymity130.  Within  its  first  100  days  of  operations,  the  office131  has 
granted four whistleblowers protection against their dismissal from work132. A major obstacle 
in  detecting  corruption  is  the  low  level  of  active  reporting  on  corruption  when  it  occurs, 
particularly  in  areas  where  business  meets  politics133.  An  amendment  to  the  national 
Whistleblower Protection Act  was discussed by the Legislative Council on 25 May 2022, a 
revised  version  of  which  will  be  submitted  to  the  Government  as  a  next  step134.  The  draft 

April 2020. Information received from Transparency International/Zastavme korupciu in the context of the 
country visit to Slovakia. 

126  The Government has signalled its intention to propose legislative changes in this regard, as explained in the 

justice section above.  

127  For  example,  on  31  August  2021,  Article  363  of  the  Code  of  Criminal  Procedure  was  invoked  to  annual 
corruption  charges  against  a  former  director  of  the  Slovak  Secret  Service  (SIS)  and  four  other  individuals 
held  in  custody.  See  in  this  context  also  Euractiv  (2021),  ‘Prosecutor  General  dismisses  high-level 
corruption charges’. 

128  Transparency International (2021), The cancellations call for a clear justification in front of the public. 
129  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13. 
130  For  more  details  on  the  office’s  role,  see  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Slovakia, p. 13. The Office is accountable to the Parliament and will provide annual reports. The 
target audience for the Office is both the public and the private sector. 

the  Slovak  Republic,  The 

the  year  2021.  National  Council  of 

131  The  term  of  office  of  the  Head  of  Office  is  seven  years.  The  Office  is  independent  from  any  other 
department and staffed with 21 staff members and an estimated total budget of approximately EUR 873 000 
for 
state  budget  2022, 
https://www.nrsr.sk/web/Dynamic/DownloadSslpZip.aspx?MasterId=8434&section=3_citanie&WFTID=. 
132  No information is available whether these actions relate to corruption disclosures specifically but they give 
an indication of the effective operations in general. See Whistleblower Protection Office, Today we have a 
jubilee  –  100  days  of  the  Office,  https://fb.watch/9YeqrEml6l/.  In  its  first  100  days  of  operations,  111 
individuals contacted the Office and 45 complaints were submitted, with more than  half of them on serious 
violations.  Of  these,  the  office  is  dealing  with  22  pending  cases.  Until  the  creation  of  a  dedicated 
whistleblower  office,  the  protection  was  exercised  by  labour  inspectorates,  which  registered  twenty 
whistleblower disclosures or fewer annually. See also Labor Inspection, Results of the  Labor Inspection in 
the area of reporting anti-social activities. 

133  Input  from  Slovakia  for  the  2022  Rule  of  Law  Report,  p.  31,  notes  in  particular  scenarios  where  public 
officials would be offered bribes from entrepreneurs for the provision of subsidies, of non-repayable funds or 
of lucrative contracts, and they refused to accept the bribe and thus effectively helped to prevent corruption 
in these  cases. There is a low level of active reporting of the corruption. According to a  recent June 2021 
opinion  poll,  59%  of  respondents  would  not  file  a  complaint  and  speak  up  against  wrongdoing  in  their 
employment.  

134  See Act 54/2019 Coll. on the protection of whistleblowers and amendment of certain laws entered into force 
on 1 March 2019. The amendment to the Act will transpose the EU-level directive on the subject matter. 

15 

 
                                                                                                                                                        
reform of the Criminal Code would introduce a new criminal offence of ‘breach of protection 
of a whistleblower’135.  

Slovakia  remains  without  a  specific  framework  regulating  lobbying  activities.  In 
December 2021, the Government indicated a new timeline for a lobbying bill, postponing its 
initial commitment to present the bill by November 2021136. In December 2021, the Deputy 
Prime Minister for Legislation and Strategic Planning presented preliminary information on a 
forthcoming lobbying bill, which would consist of a statutory regulation, a mandatory register 
for lobbyists, and a code of ethics, but not rules on revolving doors137. The new deadline for 
the  Deputy  Prime  Minister  in  charge  of  proposing  a  lobbying  bill  is  set  for  31  December 
2022138.  Several  attempts  to  adopt  legislation  on  lobbying  have  failed  in  the  past139.  As  a 
result, there are still no legal definitions of lobbyists, lobbying activities and lobbying targets, 
nor effective sanctions for undue lobbying,  nor  any  legislative footprint that illustrates who 
sought  to  influence  specific  pieces  of  legislation140.  However,  as  reported  last  year,  related 
legislation  and  tools  allow  for  the  tracking  of  stakeholder  comments  and  of  the  extent  to 
which they influenced a legislative draft141.  

Discussions are ongoing in the Parliament to establish an Office for the Protection of the 
Public Interest to monitor asset declarations142. Apart from asset declarations, the Office 
would  also  oversee  the  implementation  of  new  rules  on  conflict  of  interest  and  lobbying. 
However,  the  amendments  to  the  constitutional  law  on  conflict  of  interest  and  on  asset 
declarations  were  postponed  until  the  end  of  2022143.  Until  then,  the  system  of  asset 
declarations  for  members  of  Parliament,  judges,  prosecutors,  public  officials  and  civil 
servants remains decentralised and fragmented144. As in the previous year, significant delays 

135  Section  340a  of  the  Criminal  Code.  See  Act  54/2019  Coll.  on  the  protection  of  whistleblowers  and 
amendment  of  certain  laws  entered  into  force  on  1  March  2019.  An  amendment  to  the  Act,  which  will 
transpose the EU-level directive on the subject matter is in preparation.   

136  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13. 
137  Deputy Prime Minister, Preliminary information on the Lobbying Bill. 
138  See OECD  (2022), Integrity Review of the Slovak Republic – Delivering Effective Public Integrity Policies, 

p. 99,  

139  Cf. 2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 8, and 2021 Rule 

of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13.  

140  See  OECD  (2021),  Lobbying  in  the  21st  Century:  Transparency,  Integrity  and  Access;  GRECO  Fourth 
Evaluation Round - Addendum to the Second Compliance Report, para. 8, and GRECO Fourth Evaluation 
Round – Evaluation Report Slovak Republic, para. 25 (with regard to members of the parliament); GRECO 
Fifth  Evaluation  Round  –  Evaluation  Report,  Slovak  Republic,  para.  89  (with  regard  to  the  central 
government/  top  executive  functions);  GRECO  Fourth  Evaluation  Round  -  Addendum  to  the  Second 
Compliance Report.  

141  These include among others the strong Freedom of Information Act and the Constitutional Law on Conflicts 

of Interests No 357/2004 Coll.  

142  Information received by the Office of the Government in the context of the country visit to Slovakia. During 
the  last reporting, the Government Office  in cooperation  with the Parliament  was at an initial stage in the 
conceptualisation of a legislative proposal to establish a unified office, see also 2021 Rule of Law Report, 
Country Chapter on the rule of law situation in Slovakia, p. 14. 

143  Information  received  by  the  Office  of  the  Government  in  the  context  of  the  country  visit  to  Slovakia. 
However, two working groups have been set up on the issue of asset declarations of public officials: first, 
under  the  authority  of  the  Government  to  prepare  draft  principles  for  the  streamlining  of  the  filing 
mechanism for asset declarations and, second, of the Slovak National Council to draft a legal regulation for 
asset  declarations  and  a  verification  mechanism,  which  was  to  be  submitted  to  the  legislative  process  and 
then for approval by the Government by 31 December 2021. 

144  As reported last year, 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 

14. 

16 

 
                                                 
are also reported in the publication of the 2020 asset declarations of Members of Parliament 
due  in  August  2021145,  partly  due  to  the  extended  number  of  public  officials  that  need  to 
submit declarations146. 

The Government proposed amendments to the criminal offence of electoral corruption 
and to transparency requirements in political party finance. With regard to elections, the 
reform of the Criminal Code  aims at criminalising active and passive bribery in the electoral 
context,  including  acts  of  bribery  of  a  larger  number  of  voters,  thus  including  the  more 
regular and serious cases beyond the scenario of one bribe for one vote147. Furthermore, more 
severe  penalties  are  proposed  for  electoral  corruption  taking  into  consideration  its  social 
impact148. The amendment of the Election Codes in December 2021 extended some national 
transparency standards for party and campaign finance to the sub-national level149. The main 
law  regulating  the  financing  of  political  parties  is  the  Act  on  Political  Parties  and 
Movements150, allowing for donations to political parties of up to EUR 300.000 per calendar 
year, while donations from foreign entities and anonymous donors are banned151. 

Several reforms were launched to address corruption in the agricultural sector. In 2021, 
the  Slovak  Government  initiated  several  reforms  of  the  agricultural  land  management 
system152,  including  a  legislative  proposal  to  create  a  register  of  land-use  relationship  to 
prevent corruption schemes, such as those that occurred between 2016-2020153. In September 
2021,  following  an  administrative  investigation,  OLAF  raised  concerns  about  the  lack  of  a 
complete central digital depository of EU payment-related documentation in the agricultural 

145  The parliamentary committee did not publish the 2019 asset declarations of public officials until April 2021, 
i.e. ten months after the deadline. Press Agency TASR (2020), ‘Property Declarations of Public Officials for 
2019  were  published’.  See  in  this  context,  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation  in  Slovakia,  p.  14. Notably,  the  Chairman  of  the  Parliamentary  Committee  announced  in  August 
2021  an  effort  to  speed  up  the  publication  of  asset  declarations,  see  Press  Agency  SITA,  ‘Politicians' 
property declarations will be delayed, and they have hired an external company to help’.  

146  The extended personal scope is due to Act no. 66/2019 amending Constitutional Act no. 357/2004 Coll. on 
the  protection  of  the  public  interest  in  the  exercise  of  the  functions  of  public  officials,  as  amended  by 
Constitutional Act no. 545/2005. 

147 Act No. 300/2005 Coll. Criminal Code, as amended, introducing a new sub-section in Section 336(1)(e) of 

the Criminal Code. 

148  Input from Slovakia for the 2022 Rule of Law Report, p. 27. 
149  The main law regulating elections is Act No. 181/2014 on electoral campaigns.  
150  Act 85/2005 on political parties and political movements, largely reflecting GRECO recommendations. 
151  Written  contribution  received  by  the  State  Commission  for  Elections  and  the  Ministry  of  Interior  in  the 
context of the country visit to Slovakia, p. 2. Failure to comply can result in a fine by the State Commission 
on Election and Control of the Financing of Political Parties in the amount of double the income from the 
donation  or  the  gratuitous  service.  Parties  are  required  to  report  on  their  finances  annually  to  the  State 
Commission.  Financial  reports  are  made  publicly  available.  The  reports  are  overseen  by  the  National 
Council of the Slovak Republic and must reveal financial information in relation to election campaigns and 
the identity of donors (section 22(5) of the Act 85/2005 on political parties and political movements of 2005, 
as amended in 2019. 

152  The  Slovak Land Fund is in  charge of the  management of agricultural land under State ownership or land 
without a known private owner. These parcels cover approximately 20% of all agricultural land in Slovakia 
and are in majority eligible for EU direct payments grants.  

153  As reported in the 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 
12-13,  in  May  2021,  the  National  Crime  Agency  also  detained  several  high-ranking  officials  of  the  Land 
Fund  allegedly  involved  in  corruption  schemes  between  2016  and  2020,  see  2021  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Slovakia, pp. 12-13, and Aktuality.sk, NAKA again detained 
financier  Kvietik  and  several  people  from  the  Slovak  Land  Fund  (2021).  In  this  context,  see  also  next 
footnote below.  

17 

 
                                                 
sector,  guaranteeing  the  accessibility  and  storage  of  information  for  transparency  and 
control154. 

Sectors particularly vulnerable to corruption risks remained largely the same as before 
the COVID-19 pandemic. Notably, government procurement and investment are among the 
high  risk  sectors  for  corruption,  according  to  the  Prosecution  Service155.  Slovakia’s  public 
procur1ement  system  is  currently  under  reform156.  Following  the  revision  of  May  2021,  a 
compromise legislative proposal was passed in autumn 2021, as a result of a public petition 
and  criticism  for  excluding  the  Office  for  the  Public  Procurement  from  the  review 
procedure157.  The  use  of  quality  criteria  in  public  procurement  remains  limited,  limiting 
competition and reducing the possibility for strategic use of public procurement in support of 
other  policies158.  Overall,  the  epidemiological  situation  due  to  COVID-19  and  related 
mitigating  measures  considerably  affected  the  Governments’  implementation  of  anti-
corruption actions, which had to be delayed159. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  Slovak  Constitution  enshrines  the  right  to  express  opinions,  the  right  to  search  for, 
receive and disseminate ideas and information as well as the right of access to information. 
The Media Services Act, adopted in 2022, replaces the Broadcasting and Retransmission Act 
and  the  Act  on  Digital  Broadcasting  and  is  aimed  at  ensuring  plurality  of  information160, 
while the Press Act establishes rules relating to the press and to journalists. Legislation is in 
preparation or pending in Parliament to enshrine a number of media freedom principles in the 
Constitution  and  to  replace  the  Press  Act.  The  right  to  access  information  finds  legal 
expression in the Freedom of Information Act161.  

The  former  Council  for  Broadcasting  and  Retransmission,  renamed  the  Council  for 
Media  Services  under  the  Media  Services  Act,  operates  autonomously.  The  number  of 
employees of the Council is expected to increase in line with its additional tasks in terms of 

154  The European Anti-Fraud Office (OLAF) had already raised concerns in 2020 following three administrative 
investigations into agriculture payments about shortcomings in the Land Fund with regard  to transparency, 
equal  treatment  of  lease  applicants  and  legal  certainty  in  internal  procedures.  See  Press  Release  of  the 
European Anti-Fraud Office  (2021), OLAF closes cases on EU agricultural funds in Slovakia. The Slovak 
Land  Fund  is  in  charge  of  the  management  of  agricultural  land  under  State  ownership  or  land  without  a 
known private owner. These parcels cover approximately 20% of all agricultural land in Slovakia and are in 
majority eligible for EU direct payments grants. 

155  Input  from  Slovakia  for  the  2022  Rule  of  Law  Report,  p.  26,  including  sectors,  such  as  infrastructure, 
construction, agriculture, environment,  IT and healthcare. See also the  2021 Rule of  Law  Report,  Country 
Chapter on the rule of law situation in Slovakia, p. 15. 

156  National  Council  of  the  Slovak  Republic  on  the  change  and  supplement  to  Act  343/2015  Coll.  on  public 
procurement  and  on  change  and  supplement  to  some  acts  as  amended  by  subsequent  provisions.  See  also 
2021 Rule of Law Report,  Country  Chapter on the rule of law situation  in Slovakia, p. 15, noting that the 
Government prepared a legislative proposal amending its public procurement law in an effort to reduce the 
period needed for procuring goods, services and construction work during the pandemic. 

157  The details of the reform have not yet been published. 
158  In 2020, approximately 94% of the contracts were awarded on the basis of the lowest price only. 
159  Reportedly,  many  police  force  units  had  to  postpone  planned  corruption  prevention  tasks,  including 

capacity-building activities in 2021. Input from Slovakia for the 2022 Rule of Law report, p. 20. 

160 Law on media services and amending certain acts (Media Services Act) of 22 June 2022 which transposes the 

AVMS Directive 2018/1808.  

161  Slovakia ranks 27th in the 2022 Reporters without Borders World Press Freedom Index compared to 35th in 

the previous year. 

18 

 
                                                 
its  own  budget,  resources  allotted  are  considered  adequate  for 

research, media literacy and liaison with digital media platforms. The Broadcasting Council 
disposes  of 
the 
accomplishment  of  its  tasks  and  clear  rules  on  appointment  and  dismissal  of  the  Council’s 
members  are  established  by  law.  The  Media  Pluralism  Monitor  2022  confirms  that  the 
independence  of  the  Council  is  overall  guaranteed  and  therefore  presents  low  risk  though 
purely political nominations are possible given that the selection of candidates remains solely 
in the hands of the Parliament162. 

The  framework  for  ensuring  transparency  of  media  ownership  has  been  reinforced.  
The  Publications  Act163  has  replaced  the  former  Press  Act  and  introduces  a  framework  to 
ensure  transparency  of  media  ownership,  including  with  regard  to  ultimate  beneficiary 
ownership  as  foreseen  in  the  Audiovisual  Media  Services  Directive.  The  Media  Pluralism 
Monitor  has  reviewed  its  score  for  this  area  from  high  risk  to  medium  risk164.    In  the 
meantime,  the  continuing  lack  of  data  with  regard  to  revenues  and  audience  market  shares 
renders  an  assessment  of  the  actual  situation  with  regard  to  horizontal  ownership  in  the 
television and media markets difficult to perform while the existing media concentration rules 
do  not  cover  native  digital  media  and  do  not  take  into  account  the  ultimate  owners  of  the 
media  companies.  This  leads  the  Media  Pluralism  Monitor  to  consider  news  media 
concentration to be an area presenting high risk165. 

A  robust  legal  framework  for  the  governance  of  public  service  media  is  in  place  but 
there  are  concerns  about  politicisation  of  appointments  and  dismissals.  The  Act  on 
Slovakian  Radio  and  Television166  provides  the  legal  framework  for  the  establishment, 
governance and operation of public service media in the country. Under the Act, nominations 
of  the  nine  members  of  the  Slovak  Radio  and  Television  (RTVS)  Management  Board  are 
submitted to a parliamentary  committee by NGOs and are elected  for a period of six years, 
renewable  by  one  term,  by  an  absolute  majority  of  MPs  present.  Board  members  may  not 
hold positions or be employed in political parties or movements, act on their behalf or act in 
their favour. The Media  Pluralism Monitor 2022 concludes167 that Act 532/2010 itself is fit 
for  purpose  but  that  politicization  and  political  interference  in  the  appointments  and 
dismissals of managers and board members are issues of concern. RTVS is funded by means 
of  a  license  fee  established  by  the  Act,  advertising  and  other  commercial  activities  and  by 
means of a contribution from the state budget on the basis of a public contract which requires 
annual negotiations between RTVS and the Ministry of Culture in accordance with the Act on 
Slovakian  Radio  and  Television.  The  MPM  2022  further  points  out  that  the  Act  does  not 
establish transparent and fair procedures in order to ensure adequate funding for RTVS. For 
all these reasons the Media Pluralism Monitor concludes that this is an area of high risk.  

The  adoption  of  proposed  legislation  aimed  at  strengthening  the  protection  of 
journalists and on reforming criminal defamation have once more been postponed while 
verbal attacks against journalists continue. Proposed legislation aimed at strengthening the 
protection  of  journalists  and  amendments  to  the  criminal  code  to  reduce  the  punishment 
contemplated for defamation, both referred to in the 2021 Rule of Law Report168, have once 

162 Media Pluralism Monitor 2022 report on Slovakia, p. 10.  
163 Act on publishers of publications and on the media and audiovisual register of 22 June 2022.  
164  Ibid. p. 12. 
165  Id. p. 12. 
166  Act 532/2010. 
167  Media Pluralism Monitor 2022 report on Slovakia, p. 14-15.  
168  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 17. 

19 

 
                                                 
more been postponed. The punishment for defamation, up to two years imprisonment, is one 
of the strictest in the European Union. Since July 2021, the Council of Europe’s Platform to 
promote  the  protection  of  journalism  and  safety  of  journalists  published  one  alert  for 
Slovakia,  which  concerned  criminal  charges  pressed  against  two  journalists  for  having 
revealed confidential information relating to a former intelligence agent who had acted as a 
witness  in  the  investigation  into  the  murder  of  Ján  Kuciak  and  Martina  Kušnírová169. 
Following widespread criticism, the Bratislava Region Prosecutor ordered such charges to be 
dropped170.  The  MPM  2022  reports  that  in  terms  of  verbal  attacks  on  journalists  by 
politicians, the situation has deteriorated171 including the use of dehumanising language. No 
news  media  support  scheme  was  introduced  to  counter  the  impact  of  the  COVID-19 
pandemic. On 28 February, the Specialised Criminal  Court started hearing the retrial of the 
alleged  masterminds  of  the  assassination  of  journalist  Ján  Kuciak  and  his  fiancée  Martina 
Kušnírová in 2018 following the annulment of their previous acquittals by the first instance 
court.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Slovakia is a parliamentary republic with a unicameral parliament (the National Council) as 
the sole legislative body172. The right to introduce legislation belongs to the Committees of 
Parliament,  individual  members  of  Parliament,  and  the  Government173.  The  Constitutional 
Court  decides  on  the  compliance  of  laws  with  the  Constitution,  constitutional  acts  and 
international  agreements,  and  ensures  respect  for  fundamental  and  constitutional  rights. 
Independent  authorities  also  play  a  role  in  safeguarding  fundamental  rights,  notably  the 
Office  of  the  Public  Defender  of  Rights,  the  National  Centre  for  Human  Rights,  the 
Commissioner for Persons with Disabilities and the Commissioner for Children.  

Concerns  about  the  inclusiveness  of  the  law-making  process  persist174.  Stakeholders 
criticised  the  lack  of  proper  consultation  for  major  legislative  changes175.  While  less 
significant  changes  were  transparently  and  inclusively  discussed,  stakeholders  have 
complained that meaningful discussions on major legislative projects were often avoided, and 
draft laws concerned were adopted in haste.176 Several draft laws were submitted by members 
of Parliament, where the opportunity for stakeholders to comment is limited, due to a lack of 
procedural framework for public consultations177. Although the number of laws adopted in a 

169 Council of Europe, Platform to promote the protection of journalists and safety of journalists, Slovakia. 
170  Reply of the Slovak authorities of 15 February 2022  
171  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 16. 
172  Article 72 of the Slovak Constitution. 
173  Article 87 of the Slovak Constitution. 
174  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 17. 
175  Such  as  the  reform  of  the  judicial  map  and  reforms  of  the  Criminal  Code  and  Criminal  Procedure  Code. 
Contribution from the Slovak Bar Association for the 2022 Rule of Law Report, p. 21; Contribution from the 
European Network of National Human Rights Institutions (Slovak National Centre for Human Rights)   for 
the 2022 Rule of Law Report, p. 462; Contribution from Via Iuris  for the 2022 Rule of Law Report, p. 2; 
Contribution from Law Faculty of the Komensky University in Bratislava for the 2022 Rule of Law Report, 
p. 1. 

176  See previous footnote. 
177  This procedure was used for example for an amendment on the Act on Schools, which was adopted as Act 
No. 273/2021, and for a draft Act on help to pregnant women, print No. 665, which was rejected only in the 
third  reading  and  stirred  a  public  debate.  Contribution  from  the  European  Network  of  National  Human 
Rights Institutions (Slovak National Centre for Human Rights)  for the 2022 Rule of Law Report, p. 462. 

20 

 
                                                 
fast-track procedure decreased178 and the majority of laws adopted in a fast-track procedure 
were related to the COVID-19 pandemic179, stakeholders express continued concern that the 
fast-track procedure is being abused180.  

Plans  announced  in  2020  for  improving  the  law-making  process  and  strengthening 
transparency,  efficiency  and  accountability  of  the  public  administration  have  seen 
limited progress. As mentioned in the 2021 Rule of Law Report, the Programme Statement 
of the Government included a commitment to improve the process for preparing and enacting 
laws, strengthen the transparency, efficiency and accountability of the public administration, 
expand access to information and broaden the application of open government181. The quality 
of law-making  and frequent  changes in  legislation is  a significant  reason  for concern  about 
the  effectiveness  of  investment  protection  among  companies  in  Slovakia  (45.4%)182.  The 
Government  consulted  its  departments  on  a  draft  amendment  to  the  Act  on  Free  Access  to 
Information183 and is  now  evaluating the comments.  The amendment  would, among  others, 
broaden the range of information and documents that are subject to compulsory publication 
and extend the obligations under the Act to state-owned companies and their subsidiaries. No 
legislative  changes  have  been  proposed  to  implement  the  other  commitments  from  the 
Programme  Statement  of  the  Government.  The  Office  of  the  Plenipotentiary  of  the 
Government  for  Civil  Society  Development  is  preparing  a  project  to  support  participative 
creation  of  public  policies,  which  would  follow-up  on  a  similar  project  implemented  from 
2017 to 2020 and which was co-financed from the European Social Fund184. 

laws,  but  noted 

it  may  review  constitutional 

The  Constitutional  Court  dismissed  the  petition  regarding  its  competence  to  review 
constitutional 
in  extreme 
circumstances.  As noted in the 2021 Rule of Law Report185, the Constitutional Amendment 
of  2020  expressly  stipulates  that  the  Constitutional  Court  does  not  have  the  competence  to 
review constitutional laws, which continues to be criticised by stakeholders186. The provision 
was  challenged  before  the  Constitutional  Court.  On  25  May  2022  the  Constitutional  Court 
dismissed the action and upheld the Amendment but noted that it could review constitutional 
laws in extreme circumstances in order to protect the material core of the constitution187. 

laws 

178  From  60  in  2020  to  27  in  2021;  Input  from  Slovakia  for  the  2021  Rule  of  Law  Report,  p. 30;  Input  from 

Slovakia for the 2022 Rule of Law Report, p. 37. 

179  Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 21. 
180  Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 21; Contribution from 
the  European Network of National Human  Rights Institutions (Slovak National Centre  for Human  Rights) 
for the 2022 Rule of Law Report, p. 466; Statement of Via Iuris of 23 May 2022 ‘Politicians must respect 
fundamental principles of the rule of law’. 

181  Program Statement of the Government of the Slovak Republic for 2021 – 2024.  
182  Figure 55, 2022 EU Justice Scoreboard.  
183  Draft Bill amending Act No. 211/2000 Coll. on Free Access to Information.  
184  Input from Slovakia on the 2022 Rule of Law Report, pp. 41-42; National project ‘Support for partnership 
and dialogue in the field of participatory public policy making’, https://www.minv.sk/?ros_np_participacia. 
The project, among other, facilitated twelve participatory public policy making pilot projects ranging from 
national  to  local  level,  delivered  more  than  70  professional  publications,  incl.  five  legislative  proposals  or 
developed new educational programmes and curricula.  

185  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 3, 18. 
186  Contribution from the European Network of National Human Rights Institutions (Slovak National Centre for 

Human Rights)  for the 2022 Rule of Law Report, p. 470 and 472. 

187  Judgment of the Constitutional Court of 25 May 2022, No. PL ÚS 8/2022.  

21 

 
                                                 
Constitutional  review  of  measures  adopted  in  the  context  of  the  COVID-19  pandemic 
continued.  A  state  of  emergency188  was  declared  by  the  Government  as  of  25  November 
2021  for  90  days189.  The  state  of  emergency  ended  on  22  February  2022190.  The 
Constitutional Court also continued191 to review specific measures taken in the context of the 
pandemic. While it did not detect any systemic issues192, it held that the obligation of certain 
persons to quarantine in state run facilities was unconstitutional193. 

On  1  January  2022,  Slovakia  currently  had  20  leading  judgments  of  the  European 
Court  of  Human  Rights  pending  implementation194.  At  that  time,  Slovakia’s  rate  of 
leading judgments from the past 10 years that remained pending was at 41 % and the average 
time  that  the  judgments  have  been  pending  implementation  was  2  years  and  10  months195. 
The  oldest  leading  judgment,  pending  implementation  for  10  years,  concerns  the  excessive 
length  of  civil  proceedings196.  On  1  July  2022,  the  number  of  leading  judgments  pending 
implementation has increased to 22197. 

The  Office  of  the  Public  Defender  of  Rights  had  to  operate  with  reduced  resources 
despite the increased need for to the protection of fundamental rights in the wake of the 
Covid-19  pandemic.  Based  on  the  Government  decree  approving  the  budget  of  the  public 
administration for the period 2021 - 2023198, the budget of the Office of the Public Defender 
of  Rights  for  2021  decreased  and  the  staff  level  was  reduced199.  According  to  the  Public 
Defender  of  Rights,  whose  mandate  came  to  an  end  on  30  March  2022,  this  represents  an 
interference  with  its  competences  as  a  constitutional  body200.  The  selection  of  the  Public 
Defender  of  Rights  is  still  pending;  a  new  selection  round  by  the  National  Council  is 
envisaged in September 2022. The resources of the National Centre for Human Rights, which 
has a mandate as NHRI and equality body accredited with B-Status, have increased. At the 
same  time,  no  legislative  initiative  has  been  carried  out  to  strengthen  the  mandate  of  the 

188  The state of emergency allows the Government to adopt ordinances that limit certain rights and freedoms, 
such as freedom of  movement. The state of emergency  may be declared by the Government for no longer 
than 90 days. For  more information on the state  of emergency  see the  2021 Rule of  Law  Report,  Country 
Chapter on the rule of law situation in Slovakia, pp. 18-19.  

189  Government resolution No. 428/2021. 
190  Information received from the Slovak Government. 
191  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 19. 
192  Information received in the context of the country visit to Slovakia from the Constitutional Court. 
193  Judgment of the Constitutional Court of 8 December 2021, No. PL ÚS 4/2021. 
194  The adoption of necessary execution  measures  for a  judgment by  the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

195  All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2022.  See  the  Contribution  from  the 
European Implementation Network for the 2022 Rule of Law Report, p. 69-70.  

196  Judgment  of  the  European  Court  of  Human  Rights  of  24  July  2012,  Maxian  and  Maxianova  v.  Slovakia, 

44482/09, pending implementation since 2012. 

197 Data according to the online database of the Council of Europe (HUDOC). 
198  Government resolution No 649/2020 of 14 October 2020.  
199  Reduction  by  5  employees  from  the  total  of  57  staff  positions,  including  the  Public  Defender  of  Rights; 
contribution from the Public Defender of Rights for the 2022 Rule of Law Report, pp.14-15. 2021 Report on 
the Activity of Public Defender of Rights, p. 134.  

200  Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, pp.14-15. 2021 Report on 

the Activity of Public Defender of Rights, p. 134.  

22 

 
                                                 
Centre and ensure legislative compliance with the United Nations Principles on the Status of 
National  Institutions (‘Paris Principles’)201. The Commissioner for Persons with Disabilities 
was  re-elected  on  3  December  2021  for  another  six-year  mandate.  After  the  expiry  of  the 
mandate of the Commissioner for Children in December 2021202, a new Commissioner was 
elected by the National Council on 25 May 2022, after several unsuccessful rounds of votes. 
Following  fundamental  objections  in  a  public  consultation  in  July  and  August  2021, 
including  from  the  General  Prosecutor´s  Office,  the  Commissioner  for  Children  and  the 
Commissioner for Persons with Disabilities, the legislative proposal establishing the National 
Preventive Mechanism (NPM) is still under review by the Ministry of Justice.  

Concerns  continue  over  financing  of  civil  society  organisations  activities  on  issues 
related  to  gender  equality  and  LGBTIQ  rights  and  over  verbal  attacks  addressed  to 
human  rights  defenders  in  these  areas.  There  were  no  relevant  changes  of  the  legal 
framework  governing  civil  society  and  civil  society  organisations  continue  to  be  free  to 
operate.  However,  stakeholders  pointed  out  some  instances  of  shrinking  of  civic  space  and 
verbal  attacks  by  public  figures  directed  at  civil  society  organisations  and  human  rights 
defenders,  especially  those  working  on  human  rights  of  LGBTIQ  people  and  on  women’s 
rights  including  sexual  and  reproductive  rights203.  The  disbursement  of  funding  through 
public  subsidies  schemes  continues  to  exclude  organisations  working  on  issues  related  to 
gender equality and LGBTIQ rights204, reported already in the 2021 Rule of Law Report205. 
The  COVID-19  pandemic  and  related  measures  continued  impacting  the  activities  of  civil 
society  organisations,  in  particular  those  offering  social  services  and  cultural  and  sports 
activities,  as  well  as  the  finances  of  civil  society  organisations  through,  among  others, 
reductions in contributions from private donors206.  

201  Input  from  Slovakia  on  the  2022  Rule  of  Law  Report;  contribution  from  European  Network  of  National 
Human Rights Institutions (Slovak National Centre for Human Rights)  for the 2022 Rule of Law Report, p. 
4521-5.  

202 The incumbent Commissioner for Children stays in the office until a new Commissioner is elected.  
203  Contributions from Civil Society Europe and Slovak National Center for Human Rights (ENNHRI), for the 
2022 Rule of Law Report; Letter by the Council of Europe Commissioner for Human Rights to the Members 
of  the  National  Council  of  the  Slovak  Republic  of  15  October  2021,  mentioning  ‘an  increasingly  hostile 
environment’  for  Slovak  human  rights  defenders  working  on  the  issues  of  gender  equality  and  sexual  and 
reproductive  health  and  rights,  https://rm.coe.int/letter-to-the-slovak-national-council-by-dunja-mijatovic-
council-of-eu/1680a43530.  

204  Ministry  of  Labour,  Social  Affairs  and  Family  of  the  Slovak  Republic,  List  of  accepted  applications  for 
https://www.employment.gov.sk/sk/ministerstvo/poskytovanie-

subsidies 
dotacii/archiv/poskytovanie-dotacii-roku-2021/schvalene-dotacie-2021.html. 

2021, 

in 

205  2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 20.  
206  Information  received  during  the  country  visit  of  Slovakia  from  the  Slovak  National  Centre  for  Human 

Rights; contribution from Civil Society Europe for the 2022 Rule of Law Report, p. 13.  

23 

 
 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.  

Aktuality.sk (2021), NAKA again detained financier Kvietik and several people from the Slovak Land 
Fund (NAKA opäť zadržala finančníka Kvietika aj viacero ľudí zo Slovenského pozemkového fondu) 
https://www.aktuality.sk/clanok/892385/naka-opat-zadrzala-financnika-martina-kvietika. 

Bar Association (2021), Press release of 23 March 2021, The President of the Slovak Bar Association 
visited  new  Director  General  of  the  Prison  Guard  (Predseda  SAK  navštívil  nového  generálneho 
riaditeľa 
stráže), 
https://www.sak.sk/web/sk/cms/news/form/list/form/row/596497/_event. 

väzenskej 

justičnej 

Zboru 

a 

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country 
report on the Czech Republic. 

CEPEJ (2017), Efficiency and quality of the Slovak judicial system, Assessment and recommendations 
on the basis of CEPEJ tools. 

Civil Liberties Union for Europe (2021), Contribution from Civil Liberties Union for Europe for the 
2021 Rule of Law Report. 

Civil  Society  Europe  (2022),  Contribution  from  Civil  Society  Europe  for  the  2022  Rule  of  Law 
Report. 

Communication platform of Slovak judges and the Association of Slovak judges (2021), Contribution 
for the 2021 Rule of Law Report. 

Constitutional Court, Judgment of 14 October 2020, Pl ÚS 22/2020. 

Constitutional Court, Judgment of 30 January 2019, Pl ÚS 21/2014-96. 

Constitutional Court, Judgment of 31 March 2021, Pl ÚS 2/2021. 

Constitutional Court, Judgment of 25 May 2022, PL ÚS 8/2022.  

Council of Bars and Law Societies of Europe (CCBE) (2022), Contribution from the Council of Bars 
and Law Societies of Europe for the 2022 Rule of Law Report. 

Council of Europe: Commissioner for Human Rights (2021),  Letter to the Members of the National 
Council 
for  Slovak  Republic  https://rm.coe.int/letter-to-the-slovak-national-council-by-dunja-
mijatovic-council-of-eu/1680a43530.  

Council of Europe: Committee of Experts on the Evaluation of anti-money laundering measures and 
the  financial  of  terrorism  (Moneyval)  (2020),  Fifth  round  mutual  evaluation  report:  Anti-money 
(2020)21 
financing 
laundering 
https://rm.coe.int/moneyval-2020-21-5th-round-mer-slovakia/1680a02853.  

counter-terrorist 

MONEYVAL 

measures 

and 

Council  of  Europe:  Committee  of  Ministers  (2000),  Recommendation  CM/Rec(2000)19  of  the 
Committee  of  Ministers  to  member  states  on  the  role  of  public  prosecution  in  the  criminal  justice 
system. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Consultative Council of European Judges (2007), Opinion No. 10 to the attention 
of the Committee of Ministers of the Council of Europe on the Council for the Judiciary at the service 
of society (CCJE(2007)). 

Council of Europe: Consultative Council of European Judges (2016),  Opinion No. 19 on the role of 
court presidents (CCJE(2016)2). 

24 

 
Council of Europe: Consultative Council of European Judges (2020), Opinion No. 23 on the role of 
associations of judges in supporting judicial independence (CCJE(2020)2). 

Council of Europe: Venice Commission (2005), Second interim opinion on constitutional reforms in 
the Republic of Armenia, (CDL-AD(2005)016). 

Council  of  Europe:  Venice  Commission  (2010),  Report  on  Constitutional  Amendment,  (CDL-
AD(2010)001). 

Council  of  Europe:  Venice  Commission  (2013),  Opinion  on  the  Draft  Amendments  to  the  Organic 
Law on Courts of General Jurisdiction of Georgia, (CDL-AD(2013)007-e). 

Council of Europe: Venice Commission (2016), Rule of Law Checklist, (CDL-AD(2016)007rev). 

Council  of  the  European  Union  (2020),  Recommendation  of  20  May  2020  on  the  2020  National 
Reform Programme of Slovakia and delivering a Council opinion on the 2020 Stability Programme of 
Slovakia, (COM(2020) 525 final). 

Council of European Union (2021), Annex to the Council Implementing Decision on the approval of 
the  assessment  of  the  recovery  and  resilience  plan  for  Slovakia  (10156/21  ADD  1)  https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_10156_2021_ADD_1&from=EN.  

Court of Justice of the European Union, judgment of 18 May 2021, Asociaţia ‘Forumul Judecătorilor 
din  România’  and  Others  ,  C-83/19,  C-127/19,  C-195/19,  C-291/19,  C-355/19  and  C-397/19, 
ECLI:EU:C:2021:393. 

Court  of  Justice  of  the  European  Union,  judgment  of  20  April  2021,  Repubblika,  C-896/19, 
ECLI:EU:C:2021:311. 

Court of Justice of the European Union, judgment of 25 July 2018, LM, C‑216/18 PPU.  

Directorate-General  for  Communication  (2019),  Flash  Eurobarometer  482:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2020), Special Eurobarometer 502: corruption. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  523:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 507: corruption. 

EUobserver 
https://euobserver.com/rule-of-law/154892. 

(2022),  Slovak  ex-PM  narrowly 

stays  out  of 

jail 

in  corruption 

fiasco 

(2021), 

Euractiv 
https://www.euractiv.com/section/politics/short_news/prosecutor-general-dismisses-high-level-
corruption-charges/. 

Prosecutor  General 

corruption 

high-level 

dismisses 

charges 

Euractiv  (2021),  ‘Slovakia’s  police  chief  charged  for  abuse  of  power,  obstructing  justice’ 
https://www.euractiv.com/section/politics/short_news/slovakias-police-chief-charged-for-abuse-of-
power-obstructing-justice/. 

(2021), 

corruption’ 
Euractiv 
https://www.euractiv.com/section/politics/short_news/slovakias-representatives-discuss-investigation-
of-corruption/. 

representatives 

investigation 

‘Slovakia’s 

discuss 

of 

Euronews  (2022),  Former  Slovakian  Prime  Minister  Robert  Fico  faces  criminal  charges 
https://www.euronews.com/2022/04/20/former-slovakian-prime-minister-robert-fico-faces-criminal-
charges.  

European  Association  of  Judges  (2022),  Contribution  from  the  European  Association  of  Judges  for 
the 2022 Rule of Law Report. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Slovakia.  

25 

 
European Commission (2021), 2021 EU Justice Scoreboard. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Slovakia. 

European  Commission  (2021),  Press  Release  No.  03/2021,  OLAF  closes  cases  on  EU  agricultural 
funds in Slovakia  https://ec.europa.eu/anti-fraud/media-corner/news/21-01-2021/olaf-closes-cases-eu-
agricultural-funds-slovakia_en. 

European Commission (2022), 2022 EU Justice Scoreboard. 

European Commission carried out by the Council of Europe Commission for the Efficiency of Justice 
(2017), Efficiency and quality of the Slovak judicial system, Assessment And recommendations on the 
basis of CEPEJ tools, CEPEJ-COOP(2017)14. 

European Commission carried out by the Council of Europe Commission for the Efficiency of Justice 
(2020), CEPEJ Experts’ review of the Judicial Map Reform in the Slovak Republic. 

European Commission carried out by the Council of Europe Commission for the Efficiency of Justice, 
Annual Study. 

European Court of Human Rights, judgment of 15 September 2015, Javor and Javorova, 42360/10. 

European Court of Human Rights, judgment of 24 July 2012, Maxian and Maxianova, 44482/09. 

European Court of Human Rights, judgment of 27 June 2017, Ivan, 57405/15. 

European Court of Human Rights, judgment of 9 March 2021, Bilgen v Turkey, 1571/07. 

European Court of Human Rights, judgment of 31 August 2018, Balogh and others, 35142/15. 

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report. 

European Network of Councils for the Judiciary (2012-2013), Report on Minimum standards for the 
evaluation of professional performance and the irremovability of members of the judiciary. 

European Network of National Human Rights Institutions (2021),  Contribution for the 2021 Rule of 
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GRECO (2019), Fifth Evaluation Round – Evaluation Report on the Slovak Republic on preventing 
corruption  and  promoting  integrity  in  central  governments  (top  executive  functions)  and  law 
enforcement agencies. 

GRECO  (2019),  Fourth  Evaluation  Round  -  Addendum  to  the  Second  Compliance  Report  on 
theSlovak  Republic  on  preventing  corruption  in  respect  of  members  of  parliament,  judges  and 
prosecutors. 

GRECO (2021), Fourth Evaluation Round - Second Addendum to the Second Compliance Report on 
the  Slovak  Republic  on  preventing  corruption  in  respect  of  members  of  parliament,  judges  and 
prosecutors. 

(2021),  Slovakia:  GRECO  regrets  slow  progress 

GRECO 
in  prevention  corruption  of 
parliamentarians, judges and prosecutors https://www.coe.int/en/web/portal/-/slovakia-greco-regrets-
slow-progress-in-preventing-corruption-of-parliamentarians-judges-and-prosecutors. 

Judges for Open Judiciary (2022), Contribution from Judges for Open Judiciary for the 2022 Rule of 
Law Report. 

Komensky  University,  Law  Faculty  (2022),  Contribution  from  the  Law  Faculty  of  the  Komensky 
University for the 2022 Rule of Law Report. 

Labor  Inspection,  Results  of  the  Labor  Inspection  in  the  area  of  reporting  anti-social  activities 
https://www.ip.gov.sk/vysledky-inspekcie-prace-v-oblasti-oznamovania-protispolocenskej-cinnosti/.  

26 

 
Ministry  of  Interior  (2022),  Contribution  from  the  Ministry  of  Interior  for  the  2022  Rule  of  Law 
Report. 

OECD (2012), Implementing the OECD Anti-Bribery Convention, Phase 3: Slovak Republic. 

OECD (2014), Implementing the OECD Anti-Bribery Convention, Follow-Up to the Phase 3 Report 
and Recommendation: Slovak Republic. 

OECD  (2017),  Implementing  the  OECD  Anti-Bribery  Convention,  Phase  1bis  Report:  Slovak 
Republic. 

OECD  (2021),  Lobbying  in  the  21st  Century  https://www.oecd-ilibrary.org/governance/lobbying-in-
the-21st-century_c6d8eff8-en.  

OECD (2022), Integrity Review of the Slovak Republic: Delivering Effective Public Integrity Policies 
https://www.oecd.org/publications/oecd-integrity-review-of-the-slovak-republic-45bd4657-en.htm.  

Office  of  the  Deputy  Prime  Minister  (2021),  Preliminary  information  on  the  Lobbying  Bill 
https://www.slov-lex.sk/legislativne-procesy/SK/PI/2021/264.  

Office of the Government (2021), Press release, Expert taskforce will tackle restoring confidence in 
the  rule  of  law  (Odborná  pracovná  skupina  bude  riešiť  obnovu  dôvery  v  právny  štát) 
https://www.vlada.gov.sk/premier-odborna-pracovna-skupina-bude-riesit-obnovu-dovery-v-pravny-
stat/.  

OLAF  (2021),  Press  release  –  OLAF  closes  cases  of  EU  agricultural  funds  in  Slovakia 
https://ec.europa.eu/anti-fraud/media-corner/news/olaf-closes-cases-eu-agricultural-funds-slovakia-
2021-01-21_en.  

Public  Defender  of  Rights  (2020),  Annual  report  on the  activities  of  the  Public  Defender  of  Rights 
(Správa 
2020), 
ochrancu 
https://www.vop.gov.sk/files/VOP_VS20_SK_1.pdf. 

verejného 

obdobie 

činnosti 

práv 

roka 

za 

o 

Public Defender of Rights (2022), Contribution from the Public Defender of Rights for the 2022 Rule 
of Law Report. 

Reporters without Borders – Slovakia https://rsf.org/en/country/slovakia. 

SITA (2021), ‘Politicians' property returns will be delayed, they have also hired an external firm to 
help’  (‘Majetkové  priznania  politikov  budú  meškať,  na  pomoc  si  najali  aj  externú  firmu’) 
https://www.webnoviny.sk/majetkove-priznania-politikov-budu-meskat-na-pomoc-si-najali-aj-
externu-firmu/.  

Slovak Association of Judges (2022), Contribution from the Slovak Association of Judges for the 2022 
Rule of Law Report. 

Slovak  Bar  Association  (2021),  Contribution from  the  Slovak  Bar  Association  for  the  2021  Rule  of 
Law Report. 

Slovak Constitutional Court (2022), Joint statement with the Supreme Court, Supreme Administrative 
Court,  Prosecutor  General  and  Bar  Association,  Senior  representatives  of  judicial  institutions 
discussed  upcoming  legislative  changes  (Najvyšší  predstavitelia  justičných  inštitúcií  diskutovali  o 
pripravovaných 
legislatívnych  zmenách)  https://www.nsud.sk/najvyssi-predstavitelia-justicnych-
institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/.  

Slovak  Government  (2018),  Anti-Corruption  Policy  of  the  Slovak  Republic  for  2019-2023 
https://rokovania.gov.sk/download.dat?id=588DFBA123494910A70AF18737B85A81-
034BF7E75BABC88FC3A419E44DED1345. 

Slovak  Government 
https://rokovania.gov.sk/download.dat?id=F75436C4AF3C4D96AE93D60FD6BCA184-
99C291B1BA87B0B9BF1E773CB8DA6BA0. 

(2019),  National  Anti-Corruption  Program  of 

the  Slovak  Republic 

27 

 
Slovak  Government  (2020),  Annual  report  on  the  activities  of  the  Public  Defender  of  Rights 
https://www.vop.gov.sk/files/VOP_VS20_SK_1.pdf. 

Slovak Government (2021), Input from Slovakia for the 2021 Rule of Law Report. 

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https://www.slov-lex.sk/legislativne-
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v  právny  štát)  https://www.vlada.gov.sk/premier-odborna-pracovna-skupina-bude-riesit-obnovu-
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Statement 

for 

2021 

– 

2024 

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republiky) https://www.planobnovy.sk/files/dokumenty/kompletny-plan_obnovy.pdf. 

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Slovak 
https://rokovania.gov.sk/download.dat?id=AC1F28C57AFC4404A10668B388D1E04F-
01E859E1A2586E19FA0FCBA4FF3E8A45.  

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National 

Updated 

(2021), 

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Slovak 
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lawyers,  Open  call  and  contribution 

for 

the  2021  Rule  of  Law  Report, 

Slovak  Ministry  for  Regional  Development  (2020),  Press  release,  Vice-Premier  Remišová:  1.1  mil 
EUR  for  help  to  non-governmental  organisation  with  fights  agaist  COVID-19  (Vicepremiérka 
Remišová:  1,1  milióna  eur  na  pomoc  mimovládnym  organizáciám  v  boji  s  COVID–19) 
https://www.mirri.gov.sk/aktuality/podpredsednicka-vlady/vicepremierka-remisova-11-miliona-eur-
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anti-corruption 

Sectorial 

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Health, 

of 

programme 

Slovak  Ministry  of  Interior,  National  project  Promoting  partnership  and  dialogue  in  the  field  of 
participatory  public  policy-making  (Národný  projekt  Podpora  partnerstva  a  dialógu  v  oblasti 
participatívnej tvorby verejných politík) https://www.minv.sk/?ros_np_participacia.  

Slovak  Ministry  of  Interior  (2022),  Written contribution  from  the  Slovak Ministry  of Interior  in the 
context of the country visit. 

Slovak  Ministry  of  Justice,  Analytical  Center  (2020),  Odporúčania  pre  tvorbu  novej  súdnej  mapy 
http://web.ac-mssr.sk/wp-content/uploads/2020/sudna_mapa/nova_sudna_mapa_3_0_final.pdf. 

Slovak  Ministry  of  Justice,  Analytical  Center  (2020),  Recommendations  for  preparation  of  a  new 
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http://web.ac-mssr.sk/wp-
content/uploads/2020/sudna_mapa/nova_sudna_mapa_3_0_final.pdf. 

map 

Slovak  Ministry  of  Justice,  Analytical  Center  (2020),  Reform  of  the  Judicial  map  http://web.ac-
mssr.sk/wp-content/uploads/2020/sudna_mapa/Reforma_sudnej_mapy_na_citanie.pdf. 

Slovak Ministry of Justice, Timeline of the drafting process of the Judicial Map Reform http://web.ac-
mssr.sk/wp-content/uploads/2020/sudna_mapa/20210223_Casov%C3%A1_os_Sudna_mapa_v.2.pdf. 

28 

 
Slovak Ministry of Labour, Social Affairs and Family, List of approved applications for subsidies in 
2021 
(Schválené  dotácie  2021)  https://www.employment.gov.sk/sk/ministerstvo/poskytovanie-
dotacii/archiv/poskytovanie-dotacii-roku-2021/schvalene-dotacie-2021.html.  

Slovak  National  Center  for  Human  Rights  (2019),  Annual  report  on  compliance  with  human  rights 
http://www.snslp.sk/wp-content/uploads/Sprava-o-LP-v-SR-za-rok-2020-.pdf. 

Slovak National Center for Human Rights (2022), Contribution from the Slovak National Center for 
Human Rights for the 2022 Rule of Law Report. 

Slovak National Labour Inspectorate (2021), Labour inspection results in the field of whistleblowing 
https://www.ip.gov.sk/vysledky-inspekcie-prace-v-oblasti-oznamovania-protispolocenskej-cinnosti/. 

2021 

Slovak Public Prosecutor’s Office (2022), Statistical overview of criminal and non-criminal activities 
2021) 
for 
https://www.genpro.gov.sk/statistiky/statisticky-prehlad-trestnej-a-netrestnej-cinnosti-za-rok-2021-
3acf.html.  

(Štatistický 

netrestnej 

prehľad 

činnosti 

trestnej 

rok 

za 

a 

Slovak  State  Commission  for  Elections  (2022),  Written  contribution  from  the  Slovak  State 
Commission for Elections in the context of the country visit. 

TASR  (2021),  ‘Property  declarations  of  public  officials  for  2019  have  been  published’  (‘Zverejnili 
majetkové priznania verejných funkcionárov za rok 2019 https://domov.sme.sk/c/22631335/zverejnili-
majetkove-priznania-verejnych-funkcionarov-za-rok-2019.html.  

The  Slovak  Spectator  (2021),  ‘War  among  the  police?  Big  corruption  cases  complicate  relations 
between  institutions’  https://spectator.sme.sk/c/22708405/war-among-police-officers-big-corruption-
cases-complicate-relations-between-institutions.html.  

Transparency 
https://www.transparency.org/en/publications/exporting-corruption-2020.  

International 

(2020), 

Exporting 

corruption 

Transparency International (2021), The cancellations call for a clear justification in front of the public 
https://transparency.sk/sk/rusenia-obvineni-volaju-po-jasnom-zdovodneni-pred-verejnostou/. 

Transparency International (2022), Corruption Perceptions Index 2021.  

UNCAC, Implementation Review - 1st cycle (2010-2015), Country Review Report of Slovak Republic 
https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2013_07_11_Slovakia
_Final_Country_Report.pdf. 

Via  Iuris  (2022),  Politicians  must  respect  fundamental  principles  of  the  rule  of  law  (Politici  musia 
rešpektovať  základné  princípy  právneho  štátu)  https://viaiuris.sk/aktuality/blog/politici-musia-
respektovat-zakladne-principy-pravneho-statu/.  

Via Juris (2022), Contribution from Via Juris for the 2022 Rule of Law Report. 

Zastavme  korupciu  (2021),  Kovařík  has  resigned  -  Mikulca  wants  to  be  removed  -  How  they've 
managed  the  police  so  far  https://zastavmekorupciu.sk/blog/kovarik-sa-vzdal-funkcie-mikulca-chcu-
odvolavat-ako-doteraz-riadili-policiu/. 

29 

 
Annex II: Country visit to Slovakia 

The Commission services held virtual meetings in February 2022 with: 

Judges For Open Judiciary 
Judicial Council  

  Association of Judges for Open Judiciary 
  Government Office – Corruption Prevention Department  
 
 
  League of Human Rights  
  Ministry of Culture 
  Ministry of Health  
  Ministry of Interior 
  Ministry of Justice 
  National Centre for Human Rights 
  Police National Crime Agency  
  Open Government Partnership 
  Prosecutor General’s Office  
  Public Defender of Rights 
  Slovak Bar Association  
  Slovak Council for Broadcasting 
  Special Prosecutor’s Office 
  Supreme Administrative Court 
  Supreme Court 
  Transparency International 
  Via Iuris 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

30